People v. Perkins
2016 IL App (1st) 150889
| Ill. App. Ct. | 2016Background
- On October 17, 2010, Gregory Perkins was arrested in possession of a firearm and later convicted at a bench trial of armed habitual criminal, unlawful possession of a weapon and firearm ammunition by a felon (UUWF), aggravated unlawful use of a weapon (AUUW), and failure to possess a FOID card. The court merged counts and sentenced him as an armed habitual criminal to seven years.
- Perkins had prior convictions for UUWF and AUUW, which the State used as predicates for the charged offenses.
- In 2013 the Illinois Supreme Court decided People v. Aguilar, holding the Class 4 form of the AUUW statute unconstitutional on its face. Perkins sought postconviction relief arguing Aguilar voided his prior AUUW predicate convictions.
- The trial court granted relief, finding Perkins’ prior AUUW and UUWF convictions could not serve as predicates and that he should be sentenced as a Class 2 offender; the State’s motion to reconsider was denied and the State appealed.
- After briefing, the Illinois Supreme Court decided People v. McFadden, holding that Aguilar did not automatically vacate prior convictions and that an unvacated prior conviction still establishes felon status for UUWF and similar predicate-based offenses. The parties were given leave to address McFadden’s impact.
- The appellate court, applying McFadden, held that because Perkins’ prior convictions had not been vacated before his 2010 offense, they could validly serve as predicates for his armed habitual criminal and related convictions; the postconviction relief judgment was reversed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Perkins) | Held |
|---|---|---|---|
| Whether Aguilar’s invalidation of AUUW automatically nullified prior AUUW convictions so they cannot be used as predicates | Prior convictions remain valid unless vacated; they establish felon status and may be used as predicates | Aguilar voids prior AUUW convictions ab initio, so they cannot be used as predicates for later offenses | Court held prior convictions not automatically vacated by Aguilar; unvacated convictions may be used as predicates |
| Whether McFadden controls Perkins’ armed habitual criminal conviction | McFadden controls; status-based proof of prior convictions suffices and Aguilar does not negate unvacated convictions | Argues McFadden limited to UUWF and not to armed habitual criminal which requires specific prior convictions | Court held no meaningful distinction: armed habitual criminal requires proof of prior convictions (not underlying conduct), so McFadden applies |
| Whether federal decisions (Montgomery, Miller, Siebold) require retroactive application of Aguilar to invalidate Perkins’ conviction | Federal retroactivity doctrines do not mandate that Aguilar automatically vacate prior convictions for purposes of predicate enhancement | Aguilar should be given retroactive, substantive effect (per Montgomery), so State cannot rely on unconstitutional prior convictions | Court rejected Perkins’ reliance on Montgomery and related authorities; Lewis v. United States controls and bars collateral attack on prior conviction’s validity absent vacation |
| Proper remedy and sentencing classification if prior predicates are invalid | If predicates are invalidated only after vacation, sentencing as armed habitual criminal stands until predicate convictions are vacated | If predicates are void ab initio, defendant must be resentenced as a lesser offender | Court remanded? No—court reversed the postconviction grant and preserved sentence as imposed because predicates were unvacated at time of offense |
Key Cases Cited
- People v. Aguilar, 2013 IL 112116 (Illinois Supreme Court decision invalidating Class 4 AUUW provision)
- People v. McFadden, 2016 IL 117424 (Illinois Supreme Court: unvacated prior convictions remain valid predicates for felon-in-possession and related offenses)
- People v. Walker, 211 Ill. 2d 317 (State need only prove felon status for UUWF)
- People v. Tolentino, 409 Ill. App. 3d 598 (certified copies of prior convictions suffice to prove predicate offenses)
- Lewis v. United States, 445 U.S. 55 (defendant’s failure to vacate prior unconstitutional conviction precludes challenge to felon-in-possession status)
- Montgomery v. Louisiana, 136 S. Ct. 718 (retroactivity of substantive rules on collateral review)
- Miller v. Alabama, 132 S. Ct. 2455 (bar on mandatory life without parole for juveniles)
- People v. Belk, 203 Ill. 2d 187 (limits on using forcible felonies as predicates)
- People v. Greer, 326 Ill. App. 3d 890 (proof requirements for forcible-felony predicates)