2022 IL App (2d) 210583
Ill. App. Ct.2022Background:
- Michael Q. Spears entered open guilty pleas (Jan 14, 2019) to multiple felonies including Class 1 possession of a controlled substance with intent to deliver, and unlawful use of a weapon by a felon; pleas accepted and PSI prepared.
- At sentencing (June 13, 2019) the trial court treated the possession count as Class X (25 years) based on Spears’s prior 2000 attempted residential burglary and 2008 burglary convictions.
- Defendant’s post‑sentence motion to reconsider was denied but no Illinois Supreme Court Rule 604(d) certificate was filed; appellate counsel obtained summary remand to cure the Rule 604(d) defect and permit a new motion/hearing.
- While proceedings were pending after remand, the legislature amended 730 ILCS 5/5-4.5-95(b) (eff. July 1, 2021) to limit Class X recidivist sentencing to convictions involving forcible felonies.
- Spears filed an amended motion to reconsider (Sept. 14, 2021) arguing he was ineligible for Class X under the amended statute; the trial court denied the motion and this appeal followed.
- The appellate court reversed the trial court’s denial, held the amended statute applied to Spears because proceedings were ongoing when the amendment took effect, remanded for resentencing, and vacated Spears’s misdemeanor FOID conviction under the one‑act/one‑crime rule.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant could elect benefit of the July 1, 2021 amendment to 5‑4.5‑95(b) narrowing Class X eligibility to forcible felonies | The State: amendment is not retroactive to invalidate a sentence imposed under the statute in effect at sentencing | Spears: remand for Rule 604(d) compliance left proceedings pending when amendment took effect, so he may elect the amended, more lenient law | Held: Court applied Statute on Statutes/Hunter: because trial proceedings were ongoing after summary remand, Spears could invoke the amended statute; remanded for new sentencing |
| Whether misdemeanant conviction for possession of firearm without FOID must be vacated under one‑act, one‑crime doctrine when defendant was also convicted of unlawful use of weapon by a felon | The State did not dispute overlap at oral argument but previously maintained convictions were proper | Spears: both convictions arose from the same physical act (single firearm possession) and cannot both stand | Held: Court vacated the misdemeanor FOID conviction as the lesser offense (one‑act, one‑crime violation) |
Key Cases Cited
- People v. Hunter, 2017 IL 121306 (ongoing proceedings after remand may receive benefit of subsequently enacted procedures)
- People ex rel. Alvarez v. Howard, 2016 IL 120729 (distinguishing substantive and procedural changes under Statute on Statutes)
- People v. Ziobro, 242 Ill. 2d 34 (interpretation of section 4 retroactivity principles)
- People v. King, 66 Ill. 2d 551 (one‑act, one‑crime rule articulated)
- People v. Coats, 2018 IL 121926 (review standard and one‑act, one‑crime two‑step analysis)
- People v. Quinones, 362 Ill. App. 3d 385 (single‑firearm factual application of one‑act, one‑crime)
- People v. Feldman, 409 Ill. App. 3d 1124 (procedural rule on final judgment following postplea motions)