People v. Larson

478 N.E.2d 439, 132 Ill. App. 3d 594, 88 Ill. Dec. 124, 1985 Ill. App. LEXIS 1850
CourtAppellate Court of Illinois
DecidedApril 15, 1985
Docket83-0609
StatusPublished
Cited by16 cases

This text of 478 N.E.2d 439 (People v. Larson) 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. Larson, 478 N.E.2d 439, 132 Ill. App. 3d 594, 88 Ill. Dec. 124, 1985 Ill. App. LEXIS 1850 (Ill. Ct. App. 1985).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

Defendant, Dale Larson, an insanity acquittee, appeals from the judgment and order of the circuit court of Cook County utilizing the factors in aggravation in the extended-term statute (Ill. Rev. Stat., 1978 Supp., ch. 38, pars. 1005-8-2, 1005-5-3.2(b)(2)) to set his maximum period of criminal commitment at 80 years less credit for good behavior, pursuant to section 5 — 2—4(b) of the Unified Code of Corrections. (Ill. Rev. Stat. 1981, ch. 38, par. 1005 — 2—4(b).) Both defendant and the State now contend that the trial court erred in determining his maximum period of commitment. Defendant also contends that the commitment period constituted improper punishment and that the trial court’s determination violated his rights to equal protection and due process of the law.

In a bench trial it was stipulated that on November 21, 1978, defendant’s mother and stepfather were stabbed to death inside their home, which was then set on fire. Defendant, who lived with them, was arrested 11 days later while driving a stolen automobile. He later admitted stabbing the victims and setting fire to the house. Defendant was found not guilty of theft and two counts of murder by reason of insanity. After holding a hearing on whether defendant was in need of further mental treatment, the court committed him to the Department of Mental Health and Developmental Disabilities (DMHDD) for an indefinite period not to exceed a maximum of 80 years, less credit for good behavior and time served. See Ill. Rev. Stat. 1981, ch. 38, par. 1005 — 2—4(b); People v. Thiem (1980), 82 Ill. App. 3d 956, 403 N.E.2d 647.

In a previous appeal, defendant contested the propriety of the commitment order. This court remanded the cause in a Rule 23 order entered on October 28, 1982, directing the trial court to clarify its basis for setting the maximum commitment period. On remand, the trial court indicated that he believed that section 5 — 2—4(b) allowed him, in determining the maximum commitment period, to consider both the facts of the case and the factors in aggravation in the extended-term statute. The court then reaffirmed the 80-year commitment order because the murders were accompanied by “exceptionally brutal or heinous behavior indicative of wanton cruelty” under the extended term statute. See Ill. Rev. Stat., 1978 Supp., ch. 38, par. 1005 — 5—3.2(b)(2).

Initially, we consider defendant’s contention that the criminal commitment statute should be construed as requiring that the trial court, in setting the maximum commitment period, use only the 40-year maximum sentence for murder in section 5 — 8—1(a)(1) of the Unified Code of Corrections (Ill. Rev. Stat., 1978 Supp., ch. 38, par. 1005 — 8—1(a)(1)).

In construing a statute, the court should look first and foremost to the terms of the statute as the best means of ascertaining the intent of the legislature. (People v. Robinson (1982), 89 Ill. 2d 469, 475, 433 N.E.2d 674; Franzese v. Trinko (1977), 66 Ill. 2d 136, 139, 361 N.E.2d 585.) A court may not read a limitation into a statute which the legislature has not seen fit to enact nor may it, by subtle construction, alter the plain meaning of the words employed. People ex rel. Pauling v. Misevic (1964), 32 Ill. 2d 11, 15, 203 N.E.2d 393, cert, denied (1965), 380 U.S. 963, 14 L. Ed. 2d 154, 85 S. Ct. 1107; People v. Javurek (1976), 40 Ill. App. 3d 218, 220, 351 N.E.2d 897.

The commitment of persons acquitted by reason of insanity is governed by section 5 — 2—4(b), which provides in relevant part:

“that the initial order for admission of a defendant acquitted of a felony by reason of insanity shall be for an indefinite period of time; provided, however, that such period of commitment shall not exceed the maximum length of time that the defendant would have been required to serve, less credit for good behavior, before becoming eligible for parole had he been convicted of and received the maximum sentence for the most serious crime for which he has been acquitted by reason of insanity.” (Ill. Rev. Stat. 1981, ch. 38, par. 1005 — 2—4(b).

The terms of section 5 — 2—4(b) provide a formula for computing the maximum period of criminal commitment. (In re Commitment of Guy (1984), 126 Ill. App. 3d 267, 269, 466 N.E.2d 1252.) The term “maximum sentence” referred to in section 5 — 2—4(b) contemplates that the trial court must refer to the existing sentencing scheme in order to determine the most punitive sanction that could have been imposed for the most serious crime charged, which is then reduced by credit for good behavior. (In re Commitment of Guy (1984), 126 Ill. App. 3d 267, 269; People v. Tanzy (1982), 108 Ill. App. 3d 59, 60-61, 438 N.E.2d 922, modified (1983), 99 Ill. 2d 19.) When compared with the 80-year maximum sentence available under the extended-term statute, the 40-year maximum sentence under section 5 — 8—1 simply is not the “maximum sentence” that can be given under the section 5 — 2—4(b) formula. Moreover, nothing in the plain language of the statute indicates that the words “maximum sentence” are to be limited by the maximum sentence available under section 5 — 8—1 of the Unified Code of Corrections. (Ill. Rev. Stat., 1978 Supp., ch. 38, par. 1005 — 8—1.) In the event that the legislature had intended to impose such a limitation, it could have clarified this statute via express language to that effect. Absent any express intent to the contrary, we must read section 5 — 2—4(b) to be in accord with the ordinary use and meaning of its terms. People v. Hampton (1983), 121 Ill. App. 3d 273, 276, 459 N.E.2d 985.

People v. Tedford (1982), 109 Ill. App. 3d 195, 440 N.E.2d 329; People v. Leppert (1982), 105 Ill. App. 3d 514, 434 N.E.2d 21, appeal denied (1982), 91 Ill. 2d 576, relied on by defendant do not address the precise issue presented here. The courts in those cases had no occasion to consider the applicability of the extended term statute to section 5 — 2—4(b) since the factors in aggravation were not present under the facts of those cases.

We also reject the State’s contention that the trial court should have determined defendant’s maximum commitment period based on a maximum sentence of natural life. (Ill. Rev. Stat., 1978 Supp., ch. 38, par. 1005 — 8—1(a)(1).) Courts will not construe a statute in such a way as to render part of the statute a nullity. (People v. Tarlton (1982), 91 Ill. 2d 1, 5, 434 N.E.2d 1110.) The State’s position would render superfluous that language in section 5 — 2—4(b) which automatically gives insanity acquittees credit for good behavior (People v. Tanzy (1983), 99 Ill. 2d 19, 457 N.E.2d 390

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Bluebook (online)
478 N.E.2d 439, 132 Ill. App. 3d 594, 88 Ill. Dec. 124, 1985 Ill. App. LEXIS 1850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-larson-illappct-1985.