People v. Malone
978 N.E.2d 387
Ill. App. Ct.2012Background
- Defendant Richard Malone was convicted at bench trial of armed robbery with a firearm and sentenced to 21 years, plus a 15-year firearm add-on under 18-2(b).
- The victim, Betty Ross, worked as a Walgreens cashier; she described the assailant entering, purchasing lighters, then brandishing a gun to take cash (~$110).
- Video footage from the Walgreens showed Malone entering, presenting a weapon, and taking money; later, DNA from clothing found near the scene matched Malone.
- Clothing (jean jacket, gloves, hat, doo-rag) and lighters recovered from a dumpster near the store yielded a major DNA profile matching Malone; minor profiles were excluded for Malone.
- Ross identified Malone in a photo array and in a lineup after DNA results linked him to the clothing; she originally had tentatively identified others from early photo arrays.
- On appeal, Malone challenged the sufficiency of the evidence, the weapon’s classification as a firearm, and the 15-year enhancement’s constitutionality under the proportional penalties clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence of armed robbery with a firearm? | Malone | Malone | Yes; identification plus related DNA and video corroboration support guilt. |
| Was the object in the robber’s hand a firearm under statute? | Malone | Malone | Yes; the weapon was a real gun based on victim testimony and video, not a toy or BB gun. |
| Does the 15-year firearm enhancement violate the proportional penalties clause? | State | Hauschild governs unconstitutionality; enhancement void | Enhancement revived by Public Act 95-688; does not violate proportional penalties; affirmed. |
| Is Hauschild controlling for revival of the enhancement after Public Act 95-688? | State | Hauschild unchanged; Brown erred | Court aligns with Brown; Public Act 95-688 revived the enhancement; upheld. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review: rational fact-finder could convict if evidence supports elements)
- People v. Slim, 127 Ill. 2d 302 (Illinois Supreme Court, 1989) (identification factors for reliability and admissibility)
- People v. Ross, 229 Ill. 2d 255 (Illinois Supreme Court, 2008) (weapon characterization and identification law in armed robbery)
- Hauschild, 226 Ill. 2d 63 (Illinois Supreme Court, 2007) (proportionality evaluation of 15-year firearm enhancement and revival issues)
- Manuel, 94 Ill. 2d 242 (Illinois Supreme Court, 1983) (amendment non-revival principle; revival cannot occur by unrelated statute changes)
- Lewis, 175 Ill. 2d 412 (Illinois Supreme Court, 1996) (proportionality concerns between armed robbery and armed violence offenses)