THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. REGINALD LANE, Appellant.
Docket No. 128269
SUPREME COURT OF THE STATE OF ILLINOIS
October 19, 2023
2023 IL 128269
JUSTICE NEVILLE delivered the judgment of the court, with opinion.
Chief Justice Theis and Justices Cunningham, Rochford, and O‘Brien concurred in the judgment and opinion.
Justice Overstreet dissented, with opinion, joined by Justice Holder White.
OPINION
¶ 1 The Cook County circuit court found Reginald Lane guilty of murder and intentional homicide of an unborn child and held that
I. BACKGROUND
¶ 2 June Thurston agreed to take care of her sister Jwonda Thurston‘s three children for the evening of March 23, 2007, so that Jwonda could spend some time with her friend, Natasha Johnson. Jwonda‘s boyfriend, Lane, drove her and her children to June‘s apartment, but they argued and Jwonda did not meet Johnson as planned. When Johnson called Jwonda, she heard Lane yelling at her. Then Johnson went to June‘s apartment.
¶ 3 Johnson left June‘s apartment about an hour later. She found Officer Mark Kozeluh nearby and told him about the domestic disturbance. Kozeluh and three other officers went to June‘s apartment. Jwonda and Lane started to leave by the back door. A gun in Lane‘s hand discharged, killing Jwonda. Jwonda was pregnant. Her fetus died with her.
¶ 4 Prosecutors charged Lane with first degree murder and intentional homicide of an unborn child.
¶ 5 June and Johnson testified that Lane had the gun in his hand as he yelled at Jwonda, telling her she must not leave with Johnson that evening. Both June and Johnson also testified that Lane threatened to kill Jwonda. The trial court found Lane guilty of first degree murder and intentional homicide of an unborn child.
¶ 6 The trial court held that
¶ 7 On appeal, Lane challenged only the sentence. The appellate court held that the sentencing provision for intentional homicide of an unborn child made it count as murder. 2022 IL App (1st) 182672, ¶ 44. The court further held that Lane waived his argument that Thurston‘s fetus did not meet the statutory definition of “victim.” See
II. ANALYSIS
¶ 8 Lane argues on appeal that the murder of a pregnant woman resulting in the death of her unborn fetus does not qualify as the murder of more than one victim within the meaning of
¶ 9 This court has frequently restated the basic principles of statutory interpretation. When we interpret statutes, we strive to give effect to the legislature‘s intent. Gillespie Community Unit School District No. 7 v. Wight & Co., 2014 IL 115330, ¶ 31. We look first to the plain and ordinary meaning of the language used in the statute (Beggs v. Board of Education of Murphysboro Community Unit School District No. 186, 2016 IL 120236, ¶ 52), read in light of the subject it addresses and the apparent intent of the legislature in enacting it (Van Dyke v. White, 2019 IL 121452, ¶ 46). “No part of a statute should be rendered meaningless or superfluous. *** Courts must construe statutes relating to the same subject matter with reference to one another so as to give effect to the provisions of each, if reasonable.” Id.
A. Sentencing for Multiple Murders and Intentional Homicide of an Unborn Child
¶ 10 We begin our analysis by examining
“(d) Penalty. The sentence for intentional homicide of an unborn child shall be the same as for first degree murder, except that:
(1) the death penalty may not be imposed;
(2) if the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
(4) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.”
720 ILCS 5/9-1.2(d) (West 2006) .
¶ 11 The appellate court held that the sentencing provision for intentional homicide of an unborn child (
¶ 12 Although
¶ 14 In the case on which the circuit court relied, People v. Kuchan, 219 Ill. App. 3d 739, 746-47 (1991), the trial court sentenced Kuchan to life in prison under section 1005-5-3.2(b)(2) of the Unified Code of Corrections (Ill. Rev. Stat. 1987, ch. 38, ¶ 1005-5-3.2(b)(2)), explicitly finding the sentence justified by Kuchan‘s brutal and heinous murder of the pregnant victim. The court sentenced Kuchan to a concurrent term of 40 years in prison for the intentional homicide of an unborn child. Kuchan, 219 Ill. App. 3d at 742. If the circuit court here interpreted
¶ 15 Prior to the appellate court‘s decision in this case, only one court interpreted
“the court shall sentence the defendant to a term of natural life imprisonment if the defendant is found guilty of murdering more than one victim or is found guilty of committing more than one intentional homicide of an unborn child or is found guilty of at least one murder and at least one intentional homicide of an unborn child.”
B. Rules for Construing Statutes Relating to the Same Subject Matter
¶ 16 This court has established rules for interpreting statutes that relate to the same subject matter.
“Amendment by implication is not favored; a statute will not be held to have implicitly amended an earlier statute unless the terms of the later act are so inconsistent with those of the prior act that they cannot stand together. [Citation.] If the two enactments are capable of being construed so that both may stand, the court should so construe them.” People v. Ullrich, 135 Ill. 2d 477, 483 (1990).
“A court must construe statutes relating to the same subject matter with reference to one another so as to give effect to the provisions of each, if reasonable.” Harris v. Thompson, 2012 IL 112525, ¶ 25.
¶ 17
¶ 18 The sentencing provisions “do[ ] not change the classification of the offense with which defendant has been charged and convicted.” People v. Rivera, 362 Ill. App. 3d 815, 817 (2005); see People v. Jameson, 162 Ill. 2d 282, 290 (1994); People v. Lockett, 196 Ill. App. 3d 981, 986 (1990); People v. Fields, 383 Ill. App. 3d 920, 924 (2008).
¶ 19 Intentional homicide of an unborn child is not murder. Shum, 117 Ill. 2d at 364. It is a separate offense with a separate definition. Compare
¶ 20 We find People v. Pullen, 192 Ill. 2d 36 (2000), instructive. Pullen pled guilty to five counts of burglary, all Class 2 offenses, but the circuit court imposed a Class X sentence because of Pullen‘s prior convictions for Class 2 offenses. Id. at 38-39; see
¶ 21 The Pullen court held:
“Our criminal code explicitly defines burglary as a Class 2 felony.
720 ILCS 5/19-1(b) (West 1994) . This ends the case. Since burglary is a Class 2 felony, the maximum sentence for burglary is 14 years.730 ILCS 5/5-8-2(a)(4) (West 1994) . Accordingly, the maximum aggregate sentence was 28 years. ***
*** The State contends that because defendant was to be sentenced as a Class X offender, his offenses should be treated as Class X felonies for purposes of determining the maximum permissible aggregate sentence. *** [T]his court has repeatedly held that section 5-5-3(c)(8) does not change the character or classification of the felonies committed. A defendant who commits a Class 1 or Class 2 felony, even though he is subject to sentencing as a Class X offender pursuant tosection 5-5-3(c)(8) , still has only committed a Class 1 or Class 2 felony.” Pullen, 192 Ill. 2d at 43.
C. Section 9-1.2(d) Does Not Convert Intentional Homicide of an Unborn Child to Murder for Purposes of the Multiple Murder Provision
¶ 22 The applicability of the Class X sentencing statute did not convert Pullen‘s offense of burglary to a Class X crime. Similarly, the sentencing provision of
¶ 23 The courts in Campos, Tijerina, Alvarado, and Kuchan applied sections 9-1.2(d) and 5-8-1(a)(1)(c)(ii) correctly. We hold that
¶ 24 We overrule Shoultz, reverse the appellate court‘s judgment, vacate the sentence, and remand for resentencing. Because our interpretation of sections 9-1.2(d) and 5-8-1(a)(1)(c)(ii) resolves the case, we need not address Lane‘s argument that the unborn fetus does not count as a “victim” within the meaning of
III. CONCLUSION
¶ 25 The trial court found Lane guilty of only one murder. Therefore,
Appellate court judgment reversed.
Sentence vacated; cause remanded.
JUSTICE OVERSTREET, dissenting:
¶ 26 Defendant shot point-blank at the back of Jwonda Thurston‘s head knowing that she was pregnant with an unborn child, intentionally killing her and the child. I respectfully disagree with my colleagues’ conclusion that a natural life sentence under
¶ 27 To answer the question of whether a natural life sentence is mandatory in this case, the court must interpret the relevant statutory language to determine what the legislature intended and then give effect to that intent. People v. Ramirez, 2023 IL 128123, ¶ 13. This analysis presents us with a legal issue that we review under the de novo standard of review. People v. Kastman, 2022 IL 127681, ¶ 29.
¶ 28 The best evidence of the legislature‘s intent is the plain and ordinary meaning of the words used by the legislature to create the statutes under consideration. Ramirez, 2023 IL 128123, ¶ 13. When the legislature has set out a statute with clear and unambiguous language, we apply the statute as written without referencing other aids of statutory construction. People v. Davison, 233 Ill. 2d 30, 40 (2009).
¶ 29 Our analysis in the present case involves consideration of two statutory provisions. First,
¶ 30 If defendant had been convicted of two counts of first degree murder of two victims, the circuit court would be obligated to impose a natural life sentence under
¶ 31 Here, defendant was not convicted of two first degree murders. However, he was convicted of one count of first degree murder and also convicted of a second offense that, while not a first degree murder conviction, nonetheless, for sentencing purposes, must be treated the “same” as if it were a first degree murder conviction.
¶ 32 Accordingly, defendant was convicted of two offenses that are to be treated, for sentencing purposes, as first degree murder convictions. There is no ambiguity with respect to this conclusion; it is required
¶ 33 In reaching this conclusion, I find People v. Shoultz, 289 Ill. App. 3d 392 (1997), to be persuasive. In Shoultz, the appellate court applied the same plain language analysis and reached the correct conclusion that a mandatory life sentence is required when a defendant is convicted of first degree murder and feticide (the offense that preceded intentional homicide of an unborn child). Id. at 398. In Shoultz, the defendant made the same argument as defendant here, that section 5-8-1(a)(1)(c)(ii) applies only when both convictions are “murder.” Id. The Shoultz court, however, correctly rejected this argument, noting that the unambiguous language of section 9-1.2(d) of the Criminal Code directed that sentencing for feticide be imposed ” ‘the same as for first degree murder.’ ” Id. (quoting
¶ 34 Contrary to what the majority suggests (supra ¶ 15), the Shoultz court‘s analysis is not founded on the suggestion of a statutory amendment by implication, which is disfavored. Instead, the Shoultz court simply applied the language of the statutes as written, emphasizing that “[w]here a statute is unambiguous, the court may not read into it exceptions other than those provided by the legislature.” Shoultz, 289 Ill. App. 3d at 398. The Shoultz court, therefore, applied the plain and ordinary meaning of the legislature‘s words set out in section 9-1.2(d) and gave effect to the legislature‘s intent as expressed with those unambiguous words.
¶ 35 Likewise, the appellate court in the present case also correctly viewed the plain and ordinary meaning of the words set out in section 9-1.2(d) as the best evidence of the legislature‘s intent. The appellate court found no ambiguity and held that the statutory language required that a defendant who is found guilty of both first degree murder and intentional homicide of an unborn child be sentenced to a term of natural life imprisonment. 2022 IL App (1st) 182672, ¶ 43.
¶ 36 Similar to my conclusion above, the appellate court below concluded,
“Thus, where the offense of intentional homicide of an unborn child is to be sentenced the same as first degree murder and where defendant was found guilty of intentional homicide of an unborn child and first degree murder, pursuant to
section 5-8-1(a)(1)(c)(ii) of the Unified Code of Corrections , the trial court was required to sentence defendant to a term of natural life imprisonment.” (Emphasis added.) Id. ¶ 44.
¶ 37 The appellate court also found it significant that the elements of intentional homicide of an unborn child are almost identical to the elements of first degree murder, with the exception that the offender knew the individual was pregnant. Id. The appellate court stated, “This shows the legislature‘s intent to treat intentional homicide of an unborn child as another form of first degree murder.” Id. I agree with the appellate court‘s well-reasoned analysis.
¶ 39 The majority‘s focus on whether defendant was convicted of first degree murder of Jwonda‘s unborn child is misdirected because the issue before the court centers on the proper sentence for a conviction of intentional homicide of an unborn child and, more specifically, whether the circuit court in the present case imposed a sentence “the same as first degree murder.” Whether intentional homicide of an unborn child and first degree murder are the same offenses is not the issue before this court, and the State‘s recognition that they are not the same offenses is not a “concession.” That conclusion was never disputed. Instead, the dispute centers on sentencing requirements, not a determination of whether the offenses are the same.
¶ 40 In support of its analysis, the majority quotes People v. Shum, 117 Ill. 2d 317, 364 (1987), where this court stated, “taking the life of a fetus is not murder.” Supra ¶ 11. The Shum court‘s conclusion on this point has no relevance in determining the intent of the legislature with respect to sentencing requirements for a conviction of intentional homicide of an unborn child.
¶ 41 In Shum, this court did not construe any statutory language relevant to the legislature‘s intent with respect to the sentencing requirements set out in
¶ 42 This analysis has no bearing on the legislature‘s mandate that the sentence for a conviction of intentional homicide of an unborn child be the same as a conviction for first degree murder. The Shum court‘s focus was on the elements of the two offenses. Here, proper analysis focuses on sentencing requirements. The different analyses are not comparable.
¶ 43 The majority gives significant weight to several cases in which circuit courts failed to impose a mandatory life sentence pursuant to
¶ 44 In each of these cases, however, the reviewing courts did not consider or analyze the legislature‘s intent with respect to
¶ 45 The majority also finds it significant that the mandatory firearm enhancements in the intentional homicide of an unborn child statute mirror those set out in the first degree murder sentencing statute (
¶ 46 The legislature did not equivocate in defining the sentencing mandate set out in
¶ 47 I believe this court is obligated to affirm the circuit and appellate courts’ judgments; therefore, I dissent from the majority‘s decision reaching the opposite conclusion.
¶ 48 JUSTICE HOLDER WHITE joins in this dissent.