People v. Luciano
2013 IL App (2d) 110792
Ill. App. Ct.2013Background
- Luciano was 17 when involved in the 1990 Gonzalez murder; he had prior gun-offense convictions and pled guilty in 1991 to firearm charges.
- In 2007 Luciano was charged with Gonzalez murder based on the same acts that underlay earlier gun charges; Angel Luciano was acquitted.
- Luciano was convicted of Gonzalez murder in 2007 and sentenced to natural life without parole under a then-mandatory scheme.
- Morfin and other authorities later argued Miller v. Alabama made life-without-parole unconstitutional for juveniles and potentially retroactive.
- The postconviction court dismissed Luciano’s petition; the appellate court reversed, vacated the sentence, and remanded for a new sentencing proceeding.
- Court holds that Miller applies retroactively to require resentencing with a range of permissible sentences, not just life without parole, for Luciano; a key issue is whether the State had sufficient knowledge in 1991 to join and dismiss the 2007 charges under compulsory-joinder rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of Miller v. Alabama | Luciano argues Miller is retroactive and voids his sentence. | State argues Miller is not retroactive and that the sentence is not void ab initio. | Miller applies retroactively; sentence vacated and remanded for new sentencing. |
| Ineffective assistance re compulsory joinder | State knew enough in 1991 to join murder with gun charges; failure to do so prejudiced Luciano. | State lacked sufficient knowledge in 1991 to require joinder; delay reflects ongoing investigation. | First-stage postconviction dismissal reversed; case remanded for second-stage proceedings to determine the joinder issue and related ineffectiveness. |
Key Cases Cited
- Morfin v. People, No. 2012 IL App (1st) 103568 (1st Dist. 2012) (recognizes Miller as retroactive substantive rule)
- Davis v. State, No official reporter citation provided in text (Ill. App. 2009) (Miller not retroactive in Davis; distinguished facts)
- Morfin, 2012 IL App (1st) 103568 (1st Dist. 2012) (Miller substantive, retroactive; broader sentencing considerations)
- Teague v. Lane, 489 U.S. 288 (U.S. 1989) (retroactivity framework for new rules)
- Hauschild, People v., 226 Ill. 2d 63 (Ill. 2007) (remedy when a sentencing provision is unconstitutional is resentencing)