People v. Williams
2012 IL App (1st) 100126
Ill. App. Ct.2012Background
- Williams was convicted after a bench trial of armed robbery, aggravated vehicular hijacking, and aggravated battery; other counts were resolved as described in the record.
- He received concurrent 22-year terms for armed robbery and aggravated vehicular hijacking and a 5-year term for aggravated battery.
- The trial court added 15-year firearm sentencing enhancements to armed robbery and aggravated vehicular hijacking under the statutory scheme.
- On direct appeal, Williams asserts ineffective assistance of defense counsel at all stages and seeks a new sentencing hearing or reduced sentences.
- The appellate court affirmed the convictions but vacated the 15-year enhancements and remanded for resentencing consistent with pre-Hauschild/Andrews provisions.
- The court concluded the 2007 legislative amendment revived the enhancements, but because the crimes occurred before the amendment’s effective date, resentencing is required under the pre-amendment statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Williams argues counsel failed at multiple stages. | People contends performance was reasonable with adequate advocacy. | Strickland standard applied; no prejudice shown overall. |
| Validity of 15-year firearm enhancements | Hauschild/Andrews void enhancements; not revived by 2007 amendment. | State contends amendments revived enhancements and remand is unnecessary. | Enhancements void; remand for resentencing under pre-amendment provisions. |
Key Cases Cited
- Hauschild v. State, 226 Ill. 2d 63 (2007) (proportionality voids enhancements for armed robbery with firearm)
- People v. Andrews, 364 Ill. App. 3d 253 (2006) (proportionality voids enhancements for vehicular hijacking with firearm)
- People v. Clemons, 2012 IL 107821 (2012) (supreme court preserves Hauschild approach to proportionality)
- People v. Brown, 2012 IL App (5th) 100452 (2012) (legislative revival of enhancements through Public Act 95-688 recognized)
- People v. McBride, 2012 IL App (1st) 100375 (2012) (pre-amended version of aggravated vehicular hijacking revived on remand)
- People v. Chandler, 129 Ill. 2d 233 (1989) (circumstantial evidence testing standard in ineffective assistance review)