2021 IL App (2d) 190116
Ill. App. Ct.2021Background
- Foster pleaded guilty to attempted aggravated domestic battery (Class 3) and received 30 months' probation with no-contact and substance-use conditions.
- About a month later he was arrested after another incident and tested positive for THC; the State filed a petition to revoke probation alleging new battery, contact, and substance use.
- Foster admitted violating probation by using THC; the State dismissed two new cases and abandoned the battery allegation for purposes of revocation.
- The trial court revoked probation and sentenced Foster to concurrent eight-year prison terms and imposed a four-year mandatory supervised release (MSR) term.
- Foster moved to reconsider; motion denied; he appealed, arguing the four-year MSR was unauthorized for an attempt offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a 4-year MSR under 730 ILCS 5/5-8-1(d)(6) may be imposed for attempted aggravated domestic battery | The statute’s enhanced MSR targets domestic-battery offenders generally; policy supports applying it regardless of attempt/complete status | Attempt is not listed in (d)(6); expressio unius and rule of lenity bar imposing the enhanced 4-year MSR for an attempt | The statute’s plain language does not authorize 4-year MSR for attempt; apply 1-year MSR and amend the mittimus |
Key Cases Cited
- People v. Bannister, 232 Ill. 2d 52 (2008) (preservation requirement for sentencing claims)
- People v. Herron, 215 Ill. 2d 167 (2005) (plain-error review for forfeited claims)
- People v. Roberts, 214 Ill. 2d 106 (2005) (use of expressio unius maxim in statutory construction)
- People v. Lewis, 223 Ill. 2d 393 (2006) (courts may not add provisions to a statute beyond plain language)
- People v. McKinney, 399 Ill. App. 3d 77 (2010) (MSR term follows sentencing classification)
- People v. Fort, 2017 IL 118966 (2017) (unauthorized-sentence claims implicate substantial rights and are reviewable)