People v. Thomas
407 Ill. App. 3d 136
| Ill. App. Ct. | 2011Background
- No. 1-09-0398, People v. Montate Thomas, bench trial in Cook County; charged under armed habitual criminal statute 720 ILCS 5/24-1.7.
- Thomas had three residential burglary convictions, one burglary conviction, one armed violence conviction, and one attempted murder conviction.
- Grand jury indicted Thomas by specifying attempted murder and one residential burglary as the forcible felonies that would trigger the statute.
- Prosecution relied chiefly on a signed statement by Thomas admitting he possessed the rifle; defense argued lack of constructive possession.
- Trial court held Thomas violated the armed habitual criminal statute and sentenced him to nine years.
- Issues on appeal: whether attempted murder qualifies as a forcible felony; effectiveness of counsel; and ex post facto challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does attempted murder qualify as a forcible felony for AHCS? | People argues every attempted murder conviction suffices. | Thomas asserts attempted murder does not automatically qualify without underlying facts. | Yes; every attempted murder qualifies as forcible felony. |
| Was trial counsel ineffective? | State contends meaningful adversarial testing occurred. | Thomas claims counsel conceded guilt and failed to challenge the forcible felony label. | No; counsel conducted meaningful adversarial testing; no ineffective assistance. |
| Does AHCS violate ex post facto provisions? | Statute punishes a new crime, relying on prior convictions as elements. | Statute does not punish prior offenses, but a new subsequent crime. | No; statute does not violate ex post facto; prior convictions are elements for the new crime. |
Key Cases Cited
- Johnson v. United States, 130 S. Ct. 1265 (U.S. 2010) (defines physical force for violent felonies; guides 2-8 interpretation)
- People v. Belk, 203 Ill. 2d 187 (Ill. 2003) (felony involves threat/use of physical force; contemplated violence sufficient)
- People v. Hattery, 109 Ill. 2d 449 (Ill. 1985) (adversarial testing standard for ineffective assistance)
- People v. Leonard, 391 Ill. App. 3d 926 (Ill. App. 2009) (recidivist statutes punish by new separate crime; ex post facto favorable)
- People v. Bailey, 396 Ill. App. 3d 459 (Ill. App. 2009) (ex post facto analysis for AHCS aligned with Leonard)
- People v. Adams, 404 Ill. App. 3d 405 (Ill. App. 2010) (AHCS does not punish prior offenses; prior crimes are elements)
- People v. Dunigan, 165 Ill. 2d 235 (Ill. 1995) (precedent on ex post facto in habitual crime context)