People v. Dixon

835 N.E.2d 925, 359 Ill. App. 3d 938, 296 Ill. Dec. 572
Appellate Court of Illinois·Decided September 14, 2005·No. 4-04-0381·Published·Cited by 13 cases

Opinion

835 N.E.2d 925 (2005)
359 Ill. App.3d 938
296 Ill.Dec. 572

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Lamonte DIXON, Jr., Defendant-Appellant.

No. 4-04-0381.

Appellate Court of Illinois, Fourth District.

September 14, 2005.

*927 Daniel D. Yuhas (Court-Appointed), Kara M. Craig, Susan M. Wilham, Assistant Defenders, Office of State Appellate Defender, Springfield, for Lamonte Dixon.

Julia Rietz, State's Attorney, Champaign, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Anastacia R. Brooks, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice TURNER delivered the opinion of the court:

In August 2003, a grand jury charged defendant, Lamonte Dixon, Jr., with four counts of first degree murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 2002)). After a February 2004 trial, a jury found defendant guilty of first degree murder. At a joint hearing in April 2004, the trial court denied defendant's posttrial motion and sentenced him to 65 years' imprisonment, which included a 25-year sentence enhancement imposed under section 5-8-1(a)(1)(d)(iii) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-8-1(a)(1)(d)(iii) (West 2002)). The court later denied defendant's motion to reconsider his sentence.

Defendant appeals, asserting the 25-year sentence enhancement imposed by the trial court under section 5-8-1(a)(1)(d)(iii) of the Unified Code (1) does not apply to his case, (2) violates the due-process and proportionate-penalties clauses, and (3) is an improper double enhancement. We affirm.

I. BACKGROUND

The August 2003 indictments against defendant alleged that on or about May 1, 2003, defendant "personally discharged a firearm that proximately caused the death of Teri Clark." In February 2004, the trial court held a jury trial on the four first-degree-murder charges. The evidence at trial showed Clark died of multiple gunshot wounds. No evidence was presented that any other person received a gunshot wound during the same incident. The jury instructions regarding first degree murder included the same firearm language as the indictments. After hearing all of the evidence, the jury found defendant guilty of first degree murder.

In March 2004, defendant filed a posttrial motion. At a joint hearing in April 2004, the trial court denied defendant's posttrial motion and sentenced him to 65 years' imprisonment. The court expressly stated he was sentencing defendant to 40 years' imprisonment for first degree murder and imposing an additional 25 years under section 5-8-1(a)(1)(d)(iii) of the Unified Code. Defendant filed a motion to reconsider his sentence, which the court denied. This appeal followed.

II. ANALYSIS

All of defendant's arguments on appeal are directed at the 25-year sentence enhancement the trial court imposed under section 5-8-1(a)(1)(d)(iii) of the Unified Code (730 ILCS 5/5-8-1(a)(1)(d)(iii) (West 2002)). That section provides the following:

"[I]f, during the commission of the offense [(first degree murder)], the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, *928 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." 730 ILCS 5/5-8-1(a)(1)(d)(iii) (West 2002).

Section 5-8-1(a)(1)(d)(iii) is part of a "15/20/25-life add-on sentencing scheme" created by Public Act 91-404 (Pub. Act 91-404, § 10, eff. January 1, 2000 (1999 Ill. Laws 5126, 5150)). That act provided for stricter sentences for enumerated crimes when they are committed with a firearm. People v. Hill, 199 Ill.2d 440, 457-58, 264 Ill.Dec. 670, 771 N.E.2d 374, 385 (2002). Thus, for applicable crimes, the "15/20/25-life add-on sentencing scheme" requires a 15-year sentence enhancement for committing the offense while in possession of a firearm, a 20-year sentence enhancement for the discharge of a firearm during the commission of the offense, and a 25-years-to-life sentence enhancement for the discharge of a firearm during the commission of the offense that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person. See, e.g., 730 ILCS 5/5-8-1(a)(1)(d)(i) through (a)(1)(d)(iii) (West 2004).

A. Statutory Interpretation

Defendant first argues the 25-year sentence enhancement should not have been added because his crime does not fall under section 5-8-1(a)(1)(d)(iii) of the Unified Code (730 ILCS 5/5-8-1(a)(1)(d)(iii) (West 2002)). Specifically, he asserts the "another person" language refers to a victim other than the decedent. The State contends the language refers to any person other than the person who personally discharged the firearm. Because the construction of a statute is a question of law, our review is de novo. People v. Whitney, 188 Ill.2d 91, 98, 241 Ill.Dec. 770, 720 N.E.2d 225, 229 (1999).

The primary rule of statutory construction is to ascertain and give effect to the legislature's intent. A statute's language provides the best means of determining legislative intent, and that language should be given its plain and ordinary meaning. Where the statutory language is clear and unambiguous, its plain meaning will be given effect. Whitney, 188 Ill.2d at 97, 241 Ill.Dec. 770, 720 N.E.2d at 228. Further, a court should evaluate the statutory provision as a whole, rather than reading phrases in isolation, and construe the statute to give a reasonable meaning to all words and sentences so that no part is rendered superfluous. People v. Glisson, 202 Ill.2d 499, 505, 270 Ill.Dec. 57, 782 N.E.2d 251, 255 (2002).

We agree with the State that the statute's plain language provides for the 25-years-to-life sentence enhancement when a defendant causes harm to a person other than himself or herself with a firearm. In fact, defendant's interpretation of the "another person" language renders section 5-8-1(a)(1)(d)(iii) superfluous as to a second murder victim because section 5-8-1(a)(1)(c)(ii) of the Unified Code (730 ILCS 5/5-8-1(a)(1)(c)(ii) (West 2002)) provides a person who is "found guilty of murdering more than one victim" may only be sentenced to death or a term of natural life imprisonment. Moreover, contrary to defendant's argument, the State's interpretation does not render the "great bodily harm, permanent disability, [or] permanent disfigurement" language superfluous, as a person may suffer a nonfatal gunshot wound and then be killed by other means. Our interpretation of the "another person" language is consistent with that of the First District. See People v. Jones, 357 Ill.App.3d 684, 690, 293 Ill.Dec. 972, 829 N.E.2d 897, 903 (2005); People v. Thompson,

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People v. Dixon, 835 N.E.2d 925, 359 Ill. App. 3d 938, 296 Ill. Dec. 572 (Ill. Ct. App. 2005).

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