People v. Brown

892 N.E.2d 1034, 229 Ill. 2d 374, 323 Ill. Dec. 42, 2008 Ill. LEXIS 627
Illinois Supreme Court·Decided June 19, 2008·No. 104375·Published·Cited by 31 cases

Opinion

JUSTICE BURKE

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

OPINION

Defendant, Robert D. Brown, was sentenced to natural life imprisonment after he was adjudged an habitual criminal pursuant to section 33B — 1 of the Criminal Code of 1961 (the Habitual Criminal Act or the Act) (720 ILCS 5/33B — 1 (West 2002)). On appeal, defendant contended that the State failed to prove him eligible for sentencing as an habitual criminal because the State presented no evidence at his sentencing hearing to establish that he committed his second prior offense after the date of conviction for his first prior offense, as required by section 33B — 1(d)(4) of the Act (720 ILCS 5/33B — 1(d)(4) (West 2002)). Defendant argued that this failure of proof rendered his sentence void and, as a result, his challenge to the natural life sentence imposed was not subject to forfeiture. He asked the appellate court to remand for a new sentencing hearing. The appellate court disagreed and upheld defendant’s sentence. 371 Ill. App. 3d 450.

For the reasons that follow, we affirm the appellate court judgment upholding defendant’s sentence.

BACKGROUND

On April 14, 2004, defendant was found guilty of home invasion (720 ILCS 5/12 — 11(a)(1) (West 2002)), a Class X felony, in relation to events which occurred on June 22, 2003. Prior to sentencing, the State filed a motion asking the court to sentence defendant to natural life imprisonment as an habitual criminal pursuant to the Act. 720 ILCS 5/33B — 1 et seq. (West 2002). 1 In its motion, the State averred that, in two separate and unrelated prior prosecutions, defendant was convicted for committing offenses which qualified him as an habitual criminal, namely, that defendant was convicted of criminal sexual assault on March 20, 1992, in case number 91 CR 0989501, and that defendant was convicted of home invasion on October 19, 1993, in case number 93 CR 1954401. Certified statements of conviction were attached to the motion. 2

Later, at defendant’s sentencing hearing, the State entered into evidence the certified statements of defendant’s two prior convictions, as well as a presentence investigation report that established the dates on which defendant was arrested for committing the offenses which led to his two prior convictions. In addition, the State presented argument in support of its motion, stating:

“Judge, it’s interesting to note that this defendant was on parole for criminal sexual assault. He commits home invasion. He is on parole for home invasion. He commits another home invasion. It’s our belief this defendant is a sociopath, and a natural life sentence is entirely appropriate in this case.”

Defendant made no objection to the State’s evidence at his sentencing hearing. In fact, when asked by the court whether there were any deficiencies in the certification or anything he wanted to bring to the court’s attention, defense counsel replied, “No, I believe he’s complied with the certification, I believe he’s complied with what the law is.” Further, in response to the State’s motion, one argument posited by defense counsel was that defendant’s prior counsel, knowing that defendant would be subject to the habitual criminal statute, should have made a greater effort to negotiate a deal with the State with respect to his current offense. Defendant declined to exercise his right to allocution, stating only that he had “nothing to say.”

After hearing the arguments of counsel and in light of the certified statements of conviction and the presentence investigation report, the trial court found defendant to be an habitual criminal and sentenced him to natural life imprisonment.

Defendant filed a “Motion to Reconsider Sentence,” in which he challenged the constitutionality of the habitual criminal statute, but raised no claim with respect to the sufficiency of the State’s evidence concerning his prior convictions. It was not until his appeal that defendant questioned whether the evidence presented at his sentencing hearing supported the circuit court’s imposition of a natural life sentence under the Act. On appeal, defendant argued for the first time that at sentencing the State presented no direct evidence to establish the date on which he committed his second prior offense and, consequently, failed to show that the commission of this second offense came after his conviction for his first prior offense — a requirement for habitual criminal sentencing pursuant to section 33B— 1(d)(4) of the Act (720 ILCS 5/33B — 1(d)(4) (West 2002)).* 12 3

The appellate court affirmed defendant’s sentence, with one justice dissenting. 371 Ill. App. 3d 450. The appellate court majority ruled that the issue raised on appeal was forfeited for two reasons: (1) section 33B — 2(c) of the Act (720 ILCS 5/33B — 2(c) (West 2002)) 4 required defendant to raise any objection to the State’s evidence at his sentencing hearing, which he did not do; and (2) defendant failed to challenge the sufficiency of the evidence in his motion to reconsider sentence. 371 Ill. App. 3d 450.

The dissenting justice disagreed, stating that the section 33B — 2(c) forfeiture provision did not apply because this case fit within the forfeiture provision’s stated exception, i.e., “[t]he State’s proof itself establishes the existence of the exception contained in section 33B — 1(d)(4).” 371 Ill. App. 3d at 454 (McLaren, J., dissenting). Further, the dissenting justice held that the State failed to meet its burden of production on one of the requirements necessary to sentence defendant as an habitual criminal and, because of this failure of proof, the sentence imposed by the circuit court was not statutorily authorized. 371 Ill. App. 3d at 455 (McLaren, J., dissenting). Accordingly, the dissenting justice opined that defendant’s challenge to his sentence was not subject to forfeiture and should be reviewed under the plain error doctrine. 371 Ill. App. 3d at 455-56 (McLaren, J., dissenting).

We granted defendant’s petition for leave to appeal. 210 Ill. 2d R 315.

ANALYSIS

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People v. Brown, 892 N.E.2d 1034, 229 Ill. 2d 374, 323 Ill. Dec. 42, 2008 Ill. LEXIS 627 (Ill. 2008).

892 N.E.2d 1034 (People v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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