People v. Curry

893 N.E.2d 295, 384 Ill. App. 3d 315, 323 Ill. Dec. 281, 2008 Ill. App. LEXIS 751
Appellate Court of Illinois·Decided July 28, 2008·No. 4-06-0355·Published

Opinion

JUSTICE TURNER

delivered the opinion of the court:

In March 2006, a jury found defendant, Isaac Curry, guilty of armed robbery. In April 2006, the trial court adjudged defendant an habitual criminal and sentenced him to life in prison under the Habitual Criminal Act (Act) (720 ILCS 5/33B — 1 through 33B — 3 (West 2006)).

On appeal, defendant argues his natural-life sentence under the Act violates his rights to due process and to a jury trial. We affirm.

I. BACKGROUND

In June 2005, the State charged defendant by amended information with the offense of armed robbery (720 ILCS 5/18 — 2(a) (West 2004)), alleging that defendant, while armed with a dangerous weapon, a butcher knife, knowingly took United States currency from the presence of Cynthia Summers and Diana Huddlestun by threatening the imminent use of force. The State provided notice of its intention to seek a sentence of natural life in prison under the Act based on defendant’s two prior Class X felony convictions. See 720 ILCS 5/33B — 1 (West 2004). Defendant pleaded not guilty.

In March 2006, defendant’s jury trial commenced. Cindi Summers testified she was working as an assistant manager at Walgreens in Decatur on May 29, 2005. Diana Huddlestun was operating the cash register. At approximately 9 p.m., Summers stated five or six customers were inside the store. An announcement was made for the customers to bring their purchases to the register as the store was about to close. Summers then locked the entrance door while the exit door remained open.

Thereafter, an African-American male appeared at the exit door and asked if he could buy a pack of cigarettes “real quick.” The male walked to the coolers to get something to drink and then headed to the front register. At the checkout counter, the man presented a bottle of orange juice and two cigarette lighters. Summers stated the man “grabbed [her] arm and forced [her] to the ground.” The man also pulled out a butcher knife and told her to get down on the ground or he would cut her. While kneeling on the floor, Summers heard the cash register open. The man told Huddlestun to get facedown on the floor. When she did, the male told them to count to 100. Once they believed the man had left, Summers got up and locked the doors. Huddlestun called 9-1-1. After the police arrived, Summers determined $120 had been taken from the register. Summers was unable to identify the individual because all she could remember was the knife.

Diana Huddlestun testified she worked as a cashier at the Walgreens on May 29, 2005. When the male who asked to enter the store walked inside, Huddlestun kept glancing at him because it was “unusual” for someone to come in and ask to buy a pack of cigarettes and then walk away since the cigarettes are behind the register. Huddlestun testified she scanned the individual’s orange juice and two lighters. The male then grabbed Summers and told her to get facedown on the floor or he would cut her. He then demanded Huddlestun open the register. She stated she was looking at his face because she “wanted to remember exactly what he looked like in case he hurt” them. After Summers went to the floor, the man pointed the knife at Huddlestun and told her to open the register or he would cut her. Huddlestun opened the register and stepped back. The man then grabbed the money and told Huddlestun to get on the floor. Huddles-tun identified defendant as the man with the knife.

Huddlestun testified Decatur police detective Patrick Campbell came to her house on June 1, 2005, to show her a photo array. She identified a photo of defendant as the person who robbed the Walgreens. At a photo lineup, Huddlestun again identified defendant as the one who robbed her at knifepoint.

After the conclusion of the State’s evidence, defendant exercised his constitutional right not to testify. See U.S. Const., amend. V Following closing arguments, the jury found defendant guilty. In April 2006, defendant filed a motion for judgment of acquittal or, in the alternative, for a new trial, which the trial court denied.

Defendant also filed a motion to bar application of section 33B — 1 of the Act (720 ILCS 5/33B — 1 (West 2006)), arguing sentencing him to life in prison as an habitual criminal would violate the United States and Illinois Constitutions. The State filed a notice upon conviction of its intention to pursue natural-life sentencing based on defendant’s prior criminal convictions, those being the Class X felonies of armed robbery in Macon County case No. 95—CF—1025 and armed robbery in Macon County case No. 90—CF—68. The State attached certified copies of those convictions to the notice. In case No. 95—CF—1025, the State indicated defendant was sentenced to 20 years on the offense of armed robbery alleged to have been committed on October 14, 1995. In case No. 90—CF—68, defendant pleaded guilty to two counts of armed robbery that allegedly occurred on January 27, 1990, and was sentenced to nine years in prison.

The trial court denied defendant’s motion to bar the application of section 33B — 1. The court then adjudged defendant an habitual criminal and sentenced him to life in prison without the possibility of parole or mandatory supervised release. Defendant filed a postsentencing motion, which the court denied. This appeal followed.

II. ANALYSIS

Defendant argues his natural-life sentence violates his constitutional rights to due process and to a jury trial because he was sentenced under section 33B — 1 of the Act without a finding by a jury beyond a reasonable doubt that his two prior armed-robbery convictions did not result from, and were not connected with, the same transaction. We disagree.

“In general, the Habitual Criminal Act mandates the imposition of a natural-life sentence on a defendant convicted of three temporally separate Class X offenses, or other eligible serious felonies, within a 20-year period.” People v. Palmer, 218 Ill. 2d 148, 154-55, 843 N.E.2d 292, 296 (2006). Specifically, section 33B — 1 of the Act provides as follows:

“(a) Every person who has been twice convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class X felony, criminal sexual assault, aggravated kidnapping!,] or first degree murder, and is thereafter convicted of a Class X felony, criminal sexual assault!,] or first degree murder, committed after the 2 prior convictions, shall be adjudged an habitual criminal.
(b) The 2 prior convictions need not have been for the same offense.
(c) Any convictions which result from or are connected with the same transaction, or result from offenses committed at the same time, shall be counted for the purposes of this [s]ection as one conviction.

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People v. Curry, 893 N.E.2d 295, 384 Ill. App. 3d 315, 323 Ill. Dec. 281, 2008 Ill. App. LEXIS 751 (Ill. Ct. App. 2008).

893 N.E.2d 295 (People v. Curry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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