People v. Garcia
241 Ill. 2d 416
Ill.2011Background
- In November 1999, the People charged Garcia with attempted first degree murder and aggravated battery arising from an August 31, 1999 incident.
- Garcia was released on bond initially, but bond forfeiture warrants were issued after he failed to appear, although those warrants were quashed when he later appeared.
- Garcia again failed to appear, leading to a second bond forfeiture warrant in November 2000.
- Garcia remained a fugitive from November 2000 until his rearrest in November 2006, totaling about six years of nonappearance.
- In 2008 Garcia was tried in a bench trial and convicted of three counts of aggravated battery after the State proved a sequence of violent conduct against the victim in a restaurant setting.
- The sentencing judge imposed an extended-term sentence based on Garcia’s 1993 conviction for possession of a stolen motor vehicle, but Garcia contended that the 1993 conviction was outside the 10-year look-back window and that the time elapsed during his fugitive status should toll the window.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether wrongful delay tolls the 10-year look-back for extended-term eligibility | People contends tolling applies due to fugitive status, consistent with legislative intent | Garcia contends no tolling absent explicit language | Tolling applies; fugitive status excluded from the 10-year limit |
Key Cases Cited
- People v. Harden, 113 Ill.2d 14 (1986) (interprets prior version; allows non-Illinois convictions; focuses on legislative intent)
- People v. Powell, 217 Ill.2d 123 (2005) (focus on legislative intent; silence does not defeat purpose; public policy considerations)
- People v. Tidwell, 236 Ill.2d 150 (2010) (statutory construction; primary objective is to ascertain legislative intent)
- People v. Lewis, 234 Ill.2d 32 (2009) (presumption against absurd results; public policy)
- People v. Lieberman, 201 Ill.2d 300 (2002) (rule of lenity not controlling over legislative intent)
- In re Powell, 217 Ill.2d 123 (2005) (contextual analysis of statute meaning when silent on issue)