People v. Palmer

843 N.E.2d 292, 218 Ill. 2d 148, 300 Ill. Dec. 34, 2006 Ill. LEXIS 8
CourtIllinois Supreme Court
DecidedJanuary 20, 2006
Docket98333
StatusPublished
Cited by80 cases

This text of 843 N.E.2d 292 (People v. Palmer) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Palmer, 843 N.E.2d 292, 218 Ill. 2d 148, 300 Ill. Dec. 34, 2006 Ill. LEXIS 8 (Ill. 2006).

Opinions

JUSTICE FITZGERALD

delivered the judgment of the court, with opinion.

Justices Freeman, McMorrow, and Kilbride concurred in the judgment and opinion.

Justice Garman concurred in part and dissented in part, with opinion, joined by Chief Justice Thomas and Justice Karmeier.

OPINION

A jury convicted defendant, Nathan Palmer, of eight Class X offenses for actions committed over an approximately two-hour period in the home of M. J. and D. J. on Sunday afternoon July 18, 1999. After finding that defendant had received two prior serious felony convictions within a 20-year period, the circuit court of Kane County adjudged defendant an habitual criminal. The court imposed seven natural-life sentences pursuant to the Habitual Criminal Act (Act) (720 ILCS 5/33B (West 2000)). Citing section 5 — 8—4(a) of the Unified Code of Corrections (Code) (730 ILCS 5/5 — 8—4(a) (West 2000)), the trial court also ordered defendant to serve those sentences consecutively. The appellate court vacated three of the eight convictions, and held that the Act transformed the remaining five convictions into only “one conviction” requiring one natural-life sentence, absolving the need for consecutive sentences. 346 Ill. App. 3d 942, 949-50.

In this case, we determine the proper sentence for a person who committed multiple simultaneous offenses and was then adjudged an habitual criminal. We hold that the trial court did not err in imposing á natural-life sentence on each conviction, but erred in ordering defendant to serve those sentences consecutively. We therefore reverse in part and affirm in part.

BACKGROUND

On Sunday, July 18,1999, M.J. and her husband, D.J., were at home in their two bedroom apartment with their four-year-old and two-year-old daughters. At approximately 12:30 p.m., M.J. was cleaning the house and D.J. was watching television, while the girls were playing. M.J. heard a knock on the door and looked through the peephole. She saw the defendant standing outside with a newspaper in his hand. She told D.J. a man was standing at the door, and she opened the door. M.J. observed that defendant was bald, weighed about 250 to 300 pounds, stood 5 foot 11 inches, with green eyes. Defendant asked if they wanted to buy a newspaper for fifty cents. They declined, but defendant entered the apartment without permission, became upset, and dropped the newspaper. He pulled out a steak knife with a pink handle from his shorts and held it to M.J.’s throat. Over an approximately two-hour period, defendant committed various crimes. Defendant stole cash and M.J.’s wedding ring, struck M.J. in the head, forced M.J. to perform oral sex on him, forced M.J. to perform oral sex on her husband while defendant watched, penetrated M.J. with his penis and fingers, bound D.J. by the wrists and placed an electrical cord around D.J.’s neck, and slit D.J.’s throat with the steak knife, just missing the jugular vein. Defendant did not follow through on his threats to have forcible intercourse with the four-year-old daughter.

An amended indictment filed on March 22, 2000, charged defendant with eight Class X felony offenses. Count I alleged the offense of home invasion (720 ILCS 5/12 — 11 (West 2000)) in that defendant entered the dwelling place of M.J. and used force or threatened to use force while armed with a dangerous weapon. Count II alleged the offense of home invasion (720 ILCS 5/12 — 11 (2000)) in that defendant entered the dwelling place of D.J. and intentionally caused him injury by slashing his throat. Count III alleged the offense of attempted first degree murder (720 ILCS 5/8 — 4(a), 9 — 1(a)(1) (West 2000)) in that defendant intended to kill D.J. by strangling him with an electrical cord and slashing his throat. Counts IV and V alleged the offenses of aggravated criminal sexual assault (720 ILCS 5/12 — 13(a)(1), 12— 14(a)(1) (West 2000)) in that defendant, while displaying a knife, placed his penis in the mouth and vagina of M.J. by use of force. Counts VI and VII alleged aggravated criminal sexual assault (720 ILCS 5/12 — 14(a)(2) (West 2000)) in that defendant caused bodily harm to M.J. by placing his penis in her mouth and vagina. Count VIII alleged armed robbery (720 ILCS 5/18 — 2(a) (West 2000)) in that defendant, while armed with a knife, took cash and a ring from M.J. by the use of force or by threatening the use of force. A jury trial was held and, at the close of evidence, the jury found defendant guilty on all counts.

At sentencing, the trial court ruled that, for purposes of sentencing, the home invasion counts merged because the charges arose from the same acts. The State also filed a petition to have defendant adjudged an habitual criminal. See 720 ILCS 5/33B — 1 (West 2000). The trial court granted the petition upon defendant’s stipulation that he met the statutory requirements, having been convicted of criminal sexual assault in case number 87 CR 001360 on October 14, 1987, and convicted of aggravated criminal sexual assault, in case number 92 CR 2856601, on March 25, 1994. The trial court imposed a natural-life sentence on each remaining count pursuant to the Act. 720 ILCS 5/33B — 1(e) (West 2000). The trial court then found that the consecutive sentencing provision of section 5 — 8—4(a) of the Code (730 ILCS 5/5— 8 — 4(a) (West 2002)) required that defendant serve seven consecutive sentences of natural-life imprisonment. The trial court denied defendant’s posttrial motion for a new trial and motion to declare the Act unconstitutional.

On appeal, after the State confessed error, the appellate court vacated the convictions on counts I and V based on the one-act, one-crime doctrine. 346 Ill. App. 3d at 953. The appellate court also vacated count IV based on People v. Crespo, 203 Ill. 2d 335 (2001). 346 Ill. App. 3d at 953.1 On the remaining five convictions, the appellate court counted them as only “one conviction” for purposes of sentencing under the Act. 346 Ill. App. 3d at 953. Because there was only “one conviction,” the court further held that the trial court improperly sentenced defendant to consecutive natural-life sentences pursuant to section 5 — 8—4(a) of the Code (730 ILCS 5/5 — 8—4(a) (West 2002)). 346 Ill. App. 3d at 950. The appellate court therefore reversed the trial court’s judgment imposing seven consecutive natural-life sentences and sentenced defendant to one term of natural-life imprisonment based upon the most serious conviction, attempted first degree murder. 346 Ill. App. 3d at 953. We granted the State’s petition for leave to appeal. 177 Ill. 2d R. 315(a). As this case presents only issues of statutory interpretation, which are questions of law, our review is de novo. People v. Harris, 203 Ill. 2d 111, 116 (2003).

ANALYSIS

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Bluebook (online)
843 N.E.2d 292, 218 Ill. 2d 148, 300 Ill. Dec. 34, 2006 Ill. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-palmer-ill-2006.