Background

• Toy was convicted after a jury trial of two counts of aggravated criminal sexual assault and two counts of attempted armed robbery for June 2004 offenses against B.H. and Watkins-Lash.
• Sentences: 45 and 30 years for the aggravated sexual assaults, to be served consecutively, plus a 15-year firearm enhancement, plus two concurrent 10-year terms for attempted armed robbery, and an extra six months for contempt; aggregate 75 years and 6 months.
• Postconviction petition filed pro se in 2011 alleging various ineffective-assistance claims; petition dismissed in January 2012 as frivolous.
• On appeal, Toy argues the 15-year enhancement for aggravated criminal sexual assault with a firearm violates the proportionate penalties clause because it shares identical elements with armed violence predicated on sexual assault but carries a greater penalty.
• Court discusses the Post-Conviction Act standards (stages 1–3), and ultimately addresses only the proportionate penalties issue under supervisory authority rather than remanding for second-stage proceedings.
• Court ultimately holds the 15-year enhancement unconstitutional and remands for resentencing without the enhancement.

Issues

Key Cases Cited

• People v. Hauschild, 226 Ill. 2d 63 (2007) (identical-elements test; pre-amendment armed violence interpretation)
• People v. Clemons, 2012 IL 107821 (2012) (amendment to armed violence statute; Hauschild remains controlling for pre-amendment cases)
• People v. Hampton, 406 Ill. App. 3d 925 (2010) (applies Hauschild; 15-year enhancement unconstitutional under same framework)
• People v. Sharpe, 216 Ill. 2d 481 (2005) (proportionate penalties two-prong analysis for challenges)
• People v. Wilburn, 338 Ill. App. 3d 1075 (2003) (supervisory authority to address postconviction relief when appropriate)