People v. Fuller
990 N.E.2d 882
Ill. App. Ct.2013Background
- Fuller was convicted of home invasion and criminal sexual assault and sentenced to two concurrent natural life terms as a habitual criminal.
- He challenges whether the CSA conviction is a lesser included offense of home invasion and seeks remand for posttrial ineffective-assistance claims.
- Indictment charged home invasion with a CSA predicate and counts II–III alleged sexual penetration by force.
- Trial evidence included SS’s testimony of the June 3, 2006 incident, DNA from fingernails matching Fuller, and similar prior assaults with matching DNA.
- On appeal, the appellate court dismissed for lack of jurisdiction due to a pending posttrial motion and remanded to consider the motion to reconsider; on remand the circuit court refused to address IAC claims.
- The court remands to the circuit court to conduct an adequate preliminary examination of the pro se IAC claims; the conviction for home invasion and CSA is affirmed in part and remanded in part for posttrial proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is CSA a lesser included offense of home invasion? | Fuller argues CSA is a lesser included offense of home invasion. | Fuller contends CSA should be vacated as lesser included; the State argues otherwise. | CSA is not a lesser included offense of home invasion. |
| How to determine lesser included offenses (abstract elements vs charging instrument)? | Considers whether elements show CSA included in home invasion under the chosen approach. | Argues using the abstract elements approach; Miller governs the method. | Abstract elements approach governs; CSA not included. |
| Posttrial claims of ineffective assistance of counsel (IAC) and jurisdiction over pro se motion | Requests consideration of IAC claims after remand. | Court should not address IAC under remand scope. | Remand to circuit court to conduct adequate inquiry into IAC claims. |
Key Cases Cited
- People v. King, 66 Ill. 2d 551 (1977) (multiple acts; determine lesser included status?)
- People v. Novak, 163 Ill. 2d 93 (1994) (abstract elements approach for lesser included offenses)
- People v. Miller, 238 Ill. 2d 161 (2010) (abstract elements governs lesser included analysis; not MG if possible to commit greater without lesser)
- People v. Bouchee, 2011 IL App (2d) 090542 (2011) (applies Bouchee reasoning to home invasion vs CSA; not lesser included)
- People v. Rodriguez, 169 Ill.2d 183 (1996) (framework for multiple acts and lesser included offenses)