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People v. Green
2014 IL App (4th) 120454
Ill. App. Ct.
2014
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Background

  • 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)
Read the full case

Case Details

Case Name: People v. Green
Court Name: Appellate Court of Illinois
Date Published: Jul 18, 2014
Citation: 2014 IL App (4th) 120454
Docket Number: 4-12-0454
Court Abbreviation: Ill. App. Ct.