People v. Garcia

2024 IL App (2d) 210488-B, 250 N.E.3d 1034
Appellate Court of Illinois·Decided July 8, 2024·No. 2-21-0488·Published·Cited by 4 cases

Opinion

2024 IL App (2d) 210488-B No. 2-21-0488 Opinion filed July 8, 2024 ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court OF ILLINOIS, ) of Lake County. ) Plaintiff-Appellee, ) ) v. ) No. 13-CF-654 ) JOSE M. GARCIA, ) Honorable ) Daniel B. Shanes, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________

JUSTICE JORGENSEN delivered the judgment of the court, with opinion. Presiding Justice McLaren and Justice Schostok concurred in the judgment and opinion.

OPINION

¶1 Defendant, Jose M. Garcia, appeals from the summary dismissal of his petition under the

Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2020)) for relief from his first

degree murder conviction (720 ILCS 5/9-1(a)(1) (West 2012)) in connection with the shooting

death of Gabriel Gonzalez. Defendant’s petition claimed that the trial court imposed a de facto life

sentence that was unconstitutional based on his youth and developmental status at the time of the

offense. We previously issued an opinion reversing the summary dismissal and remanding the

cause with directions for the trial court to docket the petition for further proceedings. People v.

Garcia, 2022 IL App (2d) 210488, ¶ 23 (Garcia I). We relied heavily on (1) People v. Holman,

2017 IL 120655, ¶ 40, which announced procedural requirements applicable under the eighth 2024 IL App (2d) 210488-B

amendment to the United States Constitution (U.S. Const., amend. VIII) when sentencing a

juvenile to a natural or de facto life sentence, and (2) case law suggesting analogous constraints,

under the proportionate penalties clause of our state constitution (Ill. Const. 1970, art. I, § 11), on

the imposition of life sentences on young adults possessing certain developmental and character

traits associated with juveniles. Garcia I, 2022 IL App (2d) 210488, ¶¶ 13-15. In doing so, we

were careful to note that the United States Supreme Court’s decision in Jones v. Mississippi, 593

U.S. 98 (2021), undermined Holman’s reasoning. Garcia I, 2022 IL App (2d) 210488, ¶ 20. We

concluded, however, that Holman remained controlling precedent. Id. Our supreme court

subsequently recognized that, in light of Jones, Holman no longer accurately reflected eighth

amendment law. People v. Wilson, 2023 IL 127666, ¶ 41. Thereafter, the State petitioned in this

case for leave to appeal to our supreme court. The supreme court denied the State’s petition but

ordered us to vacate the judgment in our original opinion and reconsider the matter in light of

Wilson. People v. Garcia, No. 128815 (Ill. Jan. 24, 2024). We ordered the parties to submit

supplemental briefs addressing “the effect of [Wilson], on the issue of whether defendant’s

sentence violates the proportionate penalties clause of the Illinois Constitution.” 1 People v. Garcia,

No. 2-21-0488 (Feb. 29, 2024) (unpublished minute order). Having reconsidered our decision in

light of Wilson, we vacate the summary dismissal of defendant’s petition and remand for further

proceedings.

1 We note that the State’s supplemental brief raises arguments almost entirely unrelated to

Wilson. We decline to consider these arguments. We will, however, consider the State’s assertion

that “[t]he proper framework for a young adult proportionate penalties challenge remains

unchanged in light of Wilson.”

-2- 2024 IL App (2d) 210488-B

¶2 I. BACKGROUND

¶3 Defendant’s conviction followed a February 2014 jury trial where the evidence established

that defendant fatally shot the victim outside a liquor store on March 10, 2013. The shooting was

evidently connected to a gang-related dispute. Defendant, born on December 21, 1994, was 18

years old at the time of the offense. The trial court sentenced defendant in April 2014 to an

aggregate 62-year prison term: 37 years for the murder (730 ILCS 5/5-4.5-20(a)(1) (West 2012))

plus a mandatory 25-year add-on sentence because defendant personally fired the shot that caused

Gonzalez’s death (id. § 5-8-1(a)(1)(d)(iii)). The sentence for murder was 17 years longer than the

statutory minimum 20-year sentence. Id. § 5-4.5-20(a)(1).

¶4 According to the presentence investigation report (PSI), defendant had an extensive

juvenile delinquency history, including adjudications for defacing school property, aggravated

assault, criminal trespass to residence, consumption of alcohol by a minor, and

resisting/obstructing an officer. Defendant (1) had spent time in juvenile correctional facilities,

(2) had learning disabilities and received special education services, and (3) had a history of

misbehavior in school. Although he did not finish high school, he earned a graduate equivalency

degree (GED) while incarcerated. He became a gang member at 17 after being released from

juvenile detention, although he may have had some form of prior gang affiliation. Defendant

reported mental health issues, including depression and anger management problems. Defendant

lived with both of his parents. His parents argued, but there was no physical abuse between them.

However, defendant got into physical altercations with his father on several occasions. The PSI

reflected that, in 2008, defendant received a “Psycho-Educational/Emotional [E]valuation,” which

revealed that he had a borderline intelligence quotient, suffered mild symptoms of depression, was

-3- 2024 IL App (2d) 210488-B

prone to angry outbursts, had an impulsive nature, was fearful of social rejection, and was easily

provoked.

¶5 After hearing other evidence in aggravation and mitigation, which we need not recount

here, the trial court imposed the aggregate 62-year prison sentence. The court stated that it had

considered the PSI and all evidence in aggravation and mitigation. The court noted defendant’s

history of delinquency and gang involvement. The court acknowledged that another individual

started the argument that led to the shooting but stressed that defendant took the conflict to a new

level by bringing a gun and shooting the victim. The court also observed that defendant fired

multiple shots, only one of which struck the victim; the missed shots endangered others nearby.

The court mentioned defendant’s problems in school but remarked that, by earning a GED in jail,

defendant had shown that he could “make a choice that is productive and healthy.” The court

emphasized that the crime was gang-related and stressed the need to impose a sentence that would

deter others from committing similar crimes. The court concluded by noting that defendant’s

actions showed that he did not value human life. Defendant moved for reconsideration of his

sentence. In denying the motion, the court specifically noted that, in imposing his sentence, it had

considered defendant’s young age and potential for rehabilitation.

¶6 In April 2021, defendant, through counsel, filed his petition under the Act, claiming that

his sentence was a de facto life sentence that violated the eighth amendment as interpreted by the

Supreme Court in Miller v. Alabama, 567 U.S.

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People v. Garcia, 2024 IL App (2d) 210488-B, 250 N.E.3d 1034 (Ill. Ct. App. 2024).

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