People v. Horrell

885 N.E.2d 1218, 381 Ill. App. 3d 571, 319 Ill. Dec. 538, 2008 Ill. App. LEXIS 319
CourtAppellate Court of Illinois
DecidedApril 9, 2008
Docket3-06-0295
StatusPublished
Cited by10 cases

This text of 885 N.E.2d 1218 (People v. Horrell) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Horrell, 885 N.E.2d 1218, 381 Ill. App. 3d 571, 319 Ill. Dec. 538, 2008 Ill. App. LEXIS 319 (Ill. Ct. App. 2008).

Opinion

JUSTICE CARTER

delivered the opinion of the court:

The defendant, Phillip L. Horrell, pled guilty to six counts of forgery (720 ILCS 5/17 — 3(a)(1), (a)(2) (West 2004)) concerning three checks. The trial court sentenced the defendant to five concurrent five-year terms of imprisonment on counts I to Y and one year of probation on count VI. On appeal, the defendant argues that three of the six counts for which he was convicted must be vacated under one-act, one-crime principles. We affirm and modify the sentence with regard to count VI.

BACKGROUND

In counts I, III, and Y the State charged the defendant with making three forged checks (720 ILCS 5/17 — 3(a)(1) (West 2004)). In counts II, IY and VI, the State charged him with delivering the same three checks, knowing the checks to have been made (720 ILCS 5/17— 3(a)(2) (West 2004)). Counts I and II concerned one check, counts III and IV concerned a second check, and counts V and VI concerned a third check. The court accepted the defendant’s blind plea and found him guilty of the six counts.

In the court’s written sentencing order, the court imposed concurrent five-year terms of imprisonment for counts I to V This document, however, does not mention count VI. At the sentencing hearing, the judge said, “I’m gonna put you on probation when you get out [of prison].” When the judge pronounced sentence, she stated:

“As to *** all the counts you pled to, *** and they’re gonna run concurrent — on all of the counts, *** with the exception of Count 6, you are sentenced to five years in [the] Department of Corrections. And then, Count 6, you are sentenced to *** one year reporting probation.”

The court denied the defendant’s motion to reconsider the sentences, and the defendant appealed.

ANALYSIS

The defendant contends that we must vacate three of his six convictions under one-act, one-crime principles because he only committed three physical acts of forgery regarding three checks. The defendant acknowledges that he did not raise this issue in his motion to reconsider, and thus he has forfeited it on appeal. Consequently, he asks us to consider this issue for plain error.

In order to preserve an issue for appeal, a defendant must raise it in a written posttrial motion. People v. Lewis, 223 Ill. 2d 393, 860 N.E.2d 299 (2006). An issue that is not so preserved is forfeited on review. People v. Woods, 214 Ill. 2d 455, 828 N.E.2d 247 (2005). However, we may consider a forfeited issue for plain error. 134 Ill. 2d R. 615(a). The plain error rule permits review of a forfeited question where (1) the evidence was closely balanced; or (2) the error was so substantial that it would affect the fundamental fairness of the proceeding and the integrity of the judicial process. People v. Hall, 194 Ill. 2d 305, 743 N.E.2d 521 (2000).

In this case, the defendant failed to preserve his argument by raising it in his motion to reconsider. Therefore, the issue is forfeited on appeal. Nonetheless, we will consider the defendant’s question for plain error because it concerns the fundamental fairness of the proceedings and the integrity of the judicial process. See Hall, 194 Ill. 2d 305, 743 N.E.2d 521.

The relevant portions of the Illinois forgery statute at issue in this case state the following:

“(a) A person commits forgery when, with intent to defraud, he knowingly:
(1) makes or alters any document apparently capable of defrauding another in such manner that it purports to have been made by another or at another time, or with different provisions, or by authority of one who did not give such authority; or
(2) issues or delivers such document knowing it to have been thus made or altered[.]” 720 ILCS 5/17 — 3(a)(1), (a)(2) (West 2004).

The defendant submits that with regard to each check for which he was convicted under both sections 17 — 3(a)(1) and 17 — 3(a)(2), we should vacate one conviction under one-act, one-crime principles. The one-act, one-crime rule prohibits multiple convictions where more than one offense is based on the same physical act. People v. Crespo, 203 Ill. 2d 335, 788 N.E.2d 1117 (2001); People v. King, 66 Ill. 2d 551, 363 N.E.2d 838 (1977).

This court has found no Illinois case that is directly on point concerning the defendant’s argument. Thus, our application of the one-act, one-crime rule to sections 17 — 3(a)(1) and 17 — 3(a)(2) of the forgery statute appears to be a case of first impression.

Prior to the Illinois Supreme Court’s ruling in King, 66 Ill. 2d 551, 363 N.E.2d 838, the court considered whether multiple convictions should result from multiple acts under the “independent motivation” test articulated in People v. Stewart, 45 Ill. 2d 310, 259 N.E.2d 24 (1970). In King, however, the court rejected its previous “independent motivation” test in favor of the one-act, one-crime rule. The King court defined an “act” as “any overt or outward manifestation which will support a different offense.” King, 66 Ill. 2d at 566, 363 N.E.2d at 844-45.

In Crespo, 203 Ill. 2d 335, 788 N.E.2d 1117, our supreme court reviewed several cases that had occurred since its King ruling in which it had applied the one-act, one-crime rule. In People v. Myers, 85 Ill. 2d 281, 426 N.E.2d 535 (1981), the court held that each of several stab wounds alternately inflicted on two victims constituted separate physical acts. In People v. Dixon, 91 Ill. 2d 346, 438 N.E.2d 180 (1982), the court rejected the defendant’s argument that striking the victim several times with a club constituted one physical act of beating the victim. Furthermore, the Crespo court declined to apply a six-factor test concerning multiple convictions for multiple acts that had developed in various Illinois Appellate Court cases. The Crespo court reemphasized the simplicity of the King definition of an act.

In this case, we are called upon to interpret the language of sections 17 — 3(a)(1) and 17 — 3(a)(2) of the forgery statute under the one-act, one-crime rule. The cardinal rule of statutory interpretation is to give effect to the intent of the legislature. People v. Howard, 374 Ill. App.

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Bluebook (online)
885 N.E.2d 1218, 381 Ill. App. 3d 571, 319 Ill. Dec. 538, 2008 Ill. App. LEXIS 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-horrell-illappct-2008.