People v. Richardson

751 N.E.2d 1104, 196 Ill. 2d 225, 256 Ill. Dec. 267, 2001 Ill. LEXIS 472
CourtIllinois Supreme Court
DecidedApril 19, 2001
Docket88670
StatusPublished
Cited by43 cases

This text of 751 N.E.2d 1104 (People v. Richardson) 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. Richardson, 751 N.E.2d 1104, 196 Ill. 2d 225, 256 Ill. Dec. 267, 2001 Ill. LEXIS 472 (Ill. 2001).

Opinions

CHIEF JUSTICE HARRISON

delivered the opinion of the court:

Defendant, Harold Richardson, was convicted of first degree murder (720 ILCS 5/9 — 1(a)(1) (West 1994)) and aggravated criminal sexual assault (720 ILCS 5/12— 14(a)(2) (West 1994)) following a bench trial in the circuit court of Cook County, and sentenced to consecutive prison terms of 34 and 6 years respectively. On direct appeal, defendant sought a new sentencing hearing, arguing that the trial court improperly considered multiple victim impact statements in violation of the Rights of Crime Victims and Witnesses Act (Act) (725 ILCS 120/1 et seq. (West 1998)), and that the provision of the Act prqhibiting its use as a ground for appellate relief was unconstitutional. The appellate court affirmed the judgment of the circuit court. No. 1 — 98—1348 (unpublished order under Supreme Court Rule 23). We allowed defendant’s petition for leave to appeal. 177 Ill. 2d R. 315.

The evidence adduced at trial established that defendant and several others participated in the sexual assault, beating and strangulation of Nina Glover. At sentencing, the State presented the written victim impact statements of Glover’s two daughters and of her mother. Defendant argues before this court that the trial court’s consideration of three victim impact statements violates the plain language of the Act. We agree.

“In the exercise of statutory construction, our primary task is to ascertain and effectuate the intent of the legislature.” People v. Pullen, 192 Ill. 2d 36, 42 (2000). The most reliable indicator of legislative intent is the language of the statute itself. People v. Robinson, 172 Ill. 2d 452, 457 (1996). The language of the statute must be given its plain and ordinary meaning, and where the language is clear and unambiguous, we have no occasion to resort to aids of statutory construction. Pullen, 192 Ill. 2d at 42. Further, a statute should be construed so that no word or phrase is rendered superfluous or meaningless. Kraft, Inc. v. Edgar, 138 Ill. 2d 178, 189 (1990). Because the construction of a statute is a question of law, our review is de novo. Robinson, 172 Ill. 2d at 457.

Section 6(a) of the Act sets forth the right of the victim to present a victim impact statement for the court’s consideration at the sentencing of a defendant convicted of a violent crime. 725 ILCS 120/6(a) (West 1998). The statutory definition of “crime victim,” for purposes of section 6(a), includes “a single representative who may be the spouse, parent, child or sibling of a person killed as a result of a violent crime perpetrated against the person killed.” 725 ILCS 120/3(a)(3) (West 1998). It is therefore clear from the plain and unambiguous language of the statute that, while Nina Glover’s parent or either of her two children could have qualified as the “crime victim” under section 3(a)(3), the trial court did not comply with the Act where it accepted and considered the victim impact statements of all three persons rather than of “a single representative” of the deceased. 720 ILCS 120/3 (a) (3) (West 1998); see People v. Benford, 295 Ill. App. 3d 695, 700 (1998).

Having found a violation of the statute, the issue before this court becomes whether the trial court’s improper consideration of multiple victim impact statements entitles defendant to a new sentencing hearing. Defendant acknowledges section 9 of the Act, which states: “Nothing in this Act shall create a basis for vacating a conviction or a ground for appellate relief in any criminal case.” 725 ILCS 120/9 (West 1998). Defendant contends that section 9 is unconstitutional because it violates two provisions of the Illinois Constitution of 1970, the separation of powers clause set forth in article II, section 1 (Ill. Const. 1970, art. II, § 1), and the right to appellate review guaranteed by article VI, section 6 (Ill. Const. 1970, art. VI, § 6). However, it is unnecessary to address these arguments because we find another provision of our state constitution dispositive of this issue.

Article I, section 8.1, of the Illinois Constitution (the Amendment), an amendment adopted November 3, 1992, is entitled “Crime Victim’s Rights” and states, in part, that “[c]rime victims, as defined by law, shall have the following rights as provided by law: *** [t]he right to make a statement to the court at sentencing.” (Emphasis added;) Ill. Const. 1970, art. I, § 8.1(a)(4). Thus, here, because section 3(a)(3) of the Act defines “crime victim” to mean “a single representative *** of a person killed,” the Amendment would allow for only one victim impact statement to be made to the court at sentencing. 725 ILCS 120/3 (a) (3) (West 1998). However, like the Act, the Amendment further provides: “Nothing in this Section or in any law enacted under this Section shall be construed as creating a basis for vacating a conviction or a ground for appellate relief in any criminal case.” Ill. Const. 1970, art. I, § 8.1(d). Thus, defendant is prohibited by our constitution from seeking appellate relief on the ground that more than one victim impact statement was presented and considered at his sentencing.

The United States Constitution does not require the states to grant appeals as of right to criminal defendants seeking to review alleged trial court errors. Evitls v. Lucey, 469 U.S. 387, 393, 83 L. Ed. 2d 821, 827, 105 S. Ct. 830, 834 (1985). Illinois, however, has granted criminal defendants the right to appeal “final judgments of a Circuit Court,” in article VI, section 6, of our state constitution. Ill. Const. 1970, art. VI, § 6. Thus, it is incumbent upon this court to harmonize, if practicable, article I, section 8.1(d), and article VI, section 6, which initially appear to be in conflict. See Oak Park Federal Savings & Loan Ass’n v. Village of Oak Park, 54 Ill. 2d 200, 203 (1973).

All parts of the constitution must be construed together and, although one article or section is entitled to the same weight as any other article or section, the whole must be construed so that the general intent will prevail. People ex rel. Wellman v. Washburn, 410 Ill. 322, 328 (1951); see also Herget National Bank v. Kenney, 105 Ill. 2d 405, 410 (1985). Additionally, while one clause will not be allowed to defeat another if by any reasonable construction the two can be made to stand together (Oak Park, 54 Ill. 2d at 203), a specific constitutional provision will prevail over a general section if the two are incompatible (Walker v. State Board of Elections, 65 Ill. 2d 543, 556 (1976)). Further, as this court stated in Wellman:

“The bill of rights incorporated in our constitution is a restatement and adoption of the very principles upon which our freedom is based and is generally admitted to be our greatest heritage.

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Cite This Page — Counsel Stack

Bluebook (online)
751 N.E.2d 1104, 196 Ill. 2d 225, 256 Ill. Dec. 267, 2001 Ill. LEXIS 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-richardson-ill-2001.