People v. Summers

684 N.E.2d 1004, 291 Ill. App. 3d 656, 226 Ill. Dec. 8, 1997 Ill. App. LEXIS 618
CourtAppellate Court of Illinois
DecidedSeptember 4, 1997
Docket5-95-0720
StatusPublished
Cited by15 cases

This text of 684 N.E.2d 1004 (People v. Summers) 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. Summers, 684 N.E.2d 1004, 291 Ill. App. 3d 656, 226 Ill. Dec. 8, 1997 Ill. App. LEXIS 618 (Ill. Ct. App. 1997).

Opinions

PRESIDING JUSTICE KUEHN

delivered the opinion of the court:

This case features that old adage that cautions restraint in what one seeks. Defendant challenges a disposition of his own making. Defendant wants us to undo his negotiated guilty pleas precisely because they bestow what defendant asked for and wanted.

Defendant insisted upon concurrent prison terms in return for his two guilty pleas. The State embraced his demand. Defendant entered two negotiated pleas and received the concurrent sentences he desired. Pursuant to his plea bargain, defendant obtained two concurrent 60-year prison terms.

On appeal, defendant complains that he bargained for sentences that he did not deserve. He raises the law’s design that assures consecutive sentences for those who commit crimes like his. Defendant inveighs his prior position and insists that his crimes deserve nothing less than consecutive punishment.

This call for consecutive sentences is a paradox that resolves itself by understanding its true purpose. Defendant does not want the consecutive sentences that he now claims he deserves. Defendant exposes his negotiated dodge of the law’s design to shed the sentences he earlier sought and obtained. Defendant’s purpose is to slip his plea bargain’s promise. Defendant’s negotiated pleas, and the agreed-upon sentences those pleas confer, are inseparable elements material to the plea bargain. See People v. Evans, 174 Ill. 2d 320, 673 N.E.2d 244 (1996). If consecutive sentences are required, defendant’s concurrent sentences are void. People v. Arna, 168 Ill. 2d 107, 658 N.E.2d 445 (1995). If concurrent sentences are void, defendant clearly entered his pleas unaware of their true consequence. Defendant’s goal is to jettison his guilty pleas and start the criminal process anew.

We must decide whether the bargained-for concurrent sentences are void. Our decision turns on whether plea bargaining empowers the State to concede the existence of criteria that force the imposition of mandatory consecutive sentences.

In this case, defendant’s multiple crimes allowed for several interpretations that placed mandatory consecutive sentences in question. Under the circumstances, the State could legitimately concede that version of defendant’s crimes necessary for consecutive-sentence imposition. Defendant’s concurrent sentences are the valid product of the plea bargain defendant pursued and obtained. Since mandatory consecutive sentences are not clearly required, defendant’s sentences are not void and his guilty pleas are sound. We affirm.

Defendant pied guilty to two attempts at first-degree murder. The attempts involved point-blank gunfire into the face of each intended murder victim. Miraculously, an elderly man and wife sustained close-range head shots and survived.

Defendant raises section 5—8—4(a) of the Unified Code of Corrections (Code) (730 ILCS 5/5—8—4(a) (West 1994)) and argues that the crimes meet its criteria for mandatory consecutive sentences. Section 5—8—4(a) reads, in pertinent part:

"The court shall not impose consecutive sentences for offenses which were committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective, unless, one of the offenses for which defendant was convicted was a Class X or Class 1 felony and the defendant inflicted severe bodily injury ***, in which event the court shall enter sentences to run consecutively.” 730 ILCS 5/5—8—4(a) (West 1994).

No one disputes the fact that defendant inflicted severe bodily injury. Nor is there quarrel over the classification of the two attempted first-degree murders. Both are Class X felonies that qualify for mandatory consecutive sentences. See People v. Perkins, 274 Ill. App. 3d 834, 837, 655 N.E.2d 325, 328 (1995). The decisive factor is the nature of the crimes’ objective and whether it changed significantly during the crimes’ course.

Defendant boasts a criminal objective that remains constant during his efforts at multiple murder. He claims that the constant objective was to hijack the victims’ car. Defendant argues that the attempted murders were merely a part of the overall hijacking scheme. Thus, defendant offers two attempted murders committed as part of a single course of conduct absent substantial change in criminal objective.

For the first time on appeal defendant reveals the true objective behind his deadly deeds. He simply wanted to use the elderly couple’s car. Unfortunately, they were in it. Murder was merely the means he chose to remove them from the object of his desire.

With this construct of events, defendant asserts that his two attempted murders fit the third criterion for mandatory consecutive sentences. Defendant’s offering provides a version of conduct that nullifies the concurrent sentences he once pursued. Nevertheless, defendant is not free to ascribe any reason for his conduct that suits his immediate purpose. Although defendant enlightens the obscurity that served to his advantage at earlier plea proceedings, his present account does not suddenly undo the plea-bargained determination of events.

Nothing compels us to accept defendant’s present version of his criminal objective. Defendant’s attempts to bring death to two elderly people may well have been a constant part of his plan to obtain their Cadillac. But there are other plausible views that suggest that the murder attempts developed independently of and apart from the hijacking objective.

The crimes’ course creates ambiguity that imparts doubt as to the overall plan. The defendant first demands at gunpoint that the occupants exit the car. Neither driver nor passenger complies. At that moment, a passerby notices the crime, slows, and pulls off the highway. The driver flees for the slowing vehicle. Defendant chases her. He fires shots at the vehicle which, in turn, flees the scene. He then approaches an elderly woman and plants a bullet into her face.

A question mounts, based on how this shooting occurs. Was the intended murder victim marked for death from the start or did her reaction spur an otherwise unplanned bullet to the head? The State suggests that defendant’s objective changed to the use of deadly force when someone stopped to help.

We are not convinced that defendant’s objective changed. Nevertheless, the hijacking obviously strays from its initial course. It develops into a series of events that could not have been anticipated. It is entirely possible that defendant intended only to commit hijacking and, in its unanticipated course, developed an unplanned murderous bent. He may have departed to murder in frustration or anger, or in fear of capture, or simply to satisfy a spontaneous urge to avenge his victims’ disdain for his power. It is also possible that he simply enjoyed firing a bullet into the frightened gaze of a senior citizen. He may have enjoyed it so much that he decided to repeat the experience for its pure pleasure.

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Cite This Page — Counsel Stack

Bluebook (online)
684 N.E.2d 1004, 291 Ill. App. 3d 656, 226 Ill. Dec. 8, 1997 Ill. App. LEXIS 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-summers-illappct-1997.