People v. Green
2014 IL App (4th) 120454
Ill. App. Ct.2014Background
- Green was charged with armed habitual criminal (AHC) based on two prior felonies, including aggravated unlawful use of a weapon (AUUW).
- In August 2011 Green pled guilty under a fully negotiated plea to AHC in exchange for a 10-year term and dismissal of other charges.
- Trial court informed Green that AHC is Class X and requires 85% service plus MSR; factual basis cited prior AUUW conviction and other felonies.
- In 2013, the Illinois Supreme Court decided Aguilar, holding the Class 4 form of AUUW unconstitutional under the Second Amendment, limited to that form.
- Green later challenged the plea, arguing the underlying AUUW conviction used to satisfy AHC was unconstitutional.
- Court held the plea valid because Green had at least two other qualifying felonies and received the benefit of the bargain; the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Aguilar voids Green's AHC conviction | Green argues Aguilar invalidates underlying AUUW used for AHC. | Green contends plea is void due to unconstitutional underlying offense. | No; conviction stands; other qualifying felonies support AHC. |
| Whether the negotiated plea remains valid after Aguilar | None provided; (noting Green's challenge). | State asserts plea remains enforceable because bargain benefited both sides. | Plea remains valid; no remand to withdraw plea. |
| Whether the record shows two qualifying felonies beyond AUUW | OSAD or Green argued insufficient or mischaracterized priors. | Record shows at least two qualifying felonies beyond AUUW to satisfy AHCC. | Two other qualifying felonies satisfy AHCC; record supports conviction. |
Key Cases Cited
- People v. Aguilar, 2013 IL 112116 (Illinois Supreme Court, 2013) (unconstitutional Class 4 form of AUUW statute under Second Amendment)
- People v. Donelson, 2013 IL 113603 (Illinois Supreme Court, 2013) (plea agreements are enforceable contracts and vital to justice system)
