People v. Winters

812 N.E.2d 737, 349 Ill. App. 3d 747, 285 Ill. Dec. 917, 2004 Ill. App. LEXIS 793
CourtAppellate Court of Illinois
DecidedJune 30, 2004
Docket1-02-2790 Rel
StatusPublished
Cited by13 cases

This text of 812 N.E.2d 737 (People v. Winters) 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. Winters, 812 N.E.2d 737, 349 Ill. App. 3d 747, 285 Ill. Dec. 917, 2004 Ill. App. LEXIS 793 (Ill. Ct. App. 2004).

Opinion

JUSTICE GALLAGHER

delivered the opinion of the court:

Defendant, Rommell Winters, presents several issues in his appeal from a natural life sentence imposed by the trial judge after this court remanded his case for resentencing: whether defendant’s sentence for the murder of more than one person was discretionary on remand; whether the trial judge abused his discretion in sentencing defendant to a natural life sentence; and whether a mandatory life sentence for a “young” adult defendant convicted under a theory of liability is unconstitutional under the Illinois Supreme Court’s decision in People v. Miller, 202 Ill. 2d 328 (2002). We hold that a natural life sentence is mandatory for the murder of more than one person and that Miller does not apply to adult defendants. We affirm.

Defendant was convicted of two counts of first degree murder under a theory of accountability in the November 7, 1996, shooting deaths of Carl Barbee and Jerome Coleman. Defendant was sentenced to a mandatory life sentence under section 5 — 8—1(a)(1) (c)(ii) of the Unified Code of Corrections (the Code) (730 ILCS 5/5 — 8—l(a)(l)(c)(ii) (West 1998)) because he had been convicted of the murders of more than one person. Codefendant Kevin Malone, the alleged shooter, was also convicted.

In defendant’s first appeal, this court affirmed defendant’s conviction but vacated the sentence and remanded the case for resentencing because Public Act 89 — 203 (Pub. Act 89 — 203, eff. July 21, 1995), which had in part amended the statute under which defendant was sentenced, had been declared unconstitutional by the Illinois Supreme Court in People v. Wooters, 188 Ill. 2d 500, 520 (1999). The Wooters court held that Public Act 89 — 203 violated the single subject rule of the Illinois Constitution (Ill. Const. 1970, art. IV § 8). Wooters, 188 Ill. 2d at 520. We remanded with instructions that the trial court resentence defendant under the provisions of the Code as they existed prior to Public Act 89 — 203.

At the resentencing hearing, the court, the State, and the defense all proceeded as though the sentence was discretionary under the provisions of the Code prior to Public Act 89 — 203, and factors in aggravation and mitigation were heard. The trial court sentenced defendant to a term of natural fife for each of the two murders. The court subsequently denied defendant’s motion to reconsider his sentence but clarified that the natural life sentences were to run concurrently. Defendant filed a timely appeal of the judgment.

Defendant first argues that our order remanding the case for resentencing implied that the sentence was discretionary. Our mandate stated: “We remand this case for resentencing under the provisions of the Code as they existed prior to Public Act 89 — 203, which took effect on July 21, 1995.” Defendant concedes that those provisions require a mandatory life sentence for the murder of more than one person, but argues that because we had the authority to affirm his life sentence under the prior version of the Code, we implied that sentencing on remand was discretionary.

Defendant relies on People v. Abraham, 324 Ill. App. 3d 26 (2001), to support his argument that we implied a discretionary sentence on remand. Abraham involved a mandate that the defendant “plead anew” on remand. Abraham, 324 Ill. App. 3d at 29. This ambiguous mandate was unclear as to whether the State would be allowed to reinstate counts against the defendant that it had dismissed as part of a prior plea agreement. Abraham, 324 Ill. App. 3d at 29. Thus, it was necessary to determine what was implied by the appellate court’s entire opinion with respect to reinstatement of previously dismissed counts. Abraham, 324 Ill. App. 3d at 30.

Unlike the mandate in Abraham, our mandate was not ambiguous. It specifically ordered that defendant be resentenced under the prior version of section 5 — 8—1(a)(1)(e)(ii) of the Unified Code of Corrections. As defendant concedes, that version of the Code clearly requires a mandatory life sentence for the murders of more than one person. See People v. Gindorf, 159 Ill. App. 3d 647, 665 (1987) (“the legislature has determined that no set of mitigating circumstances could allow a proper penalty of less than natural life for the crimes of two or more murders”).

Defendant is correct that we had the authority to affirm his sentence under the prior version of the statute. 134 Ill. 2d R. 615(b); see also People v. Jones, 168 Ill. 2d 367, 374-75 (1995). Nonetheless, we reject defendant’s argument that our decision not to exercise our authority means that we “necessarily found” that the trial court needed to exercise discretion. Our mandate unambiguously stated that defendant was to be resentenced under the prior version of section 5 — 8—1(a)(1)(c)(ii) of the Code. That prior version of the Code required the trial judge to sentence defendant to a natural life sentence. As the Abraham court noted, a reviewing court’s mandate vests a trial court with jurisdiction only to take action that complies with the reviewing court’s mandate. Abraham, 324 Ill. App. 3d at 30. A trial court lacks the authority to exceed the scope of the mandate and must obey precise and unambiguous directions on remand. Abraham, 324 Ill. App. 3d at 30. Moreover, a trial judge may not exercise discretion in sentencing where the applicable statute does not provide for discretion. People ex rel. Daley v. Strayhorn, 119 Ill. 2d 331, 336 (1988). Accordingly, we also find meritless defendant’s assertion that the prosecutor’s statement in the sentencing hearing that sentencing was discretionary resulted in a waiver of the State’s argument that a mandatory sentence was required. Defendant’s argument that we implied a discretionary sentence contrary to the applicable provisions of section 5 — 8—1(a)(1)(c)(ii) fails. Defendant’s natural life sentence was mandatory. 1

Defendant alternatively argues that section 5 — 8—1(a)(1)(c)(ii) of the Code is unconstitutional as applied to him under the Illinois Supreme Court’s decision in People v. Miller, 202 Ill. 2d 328. The Miller court held that the mandatory natural life sentence required by section 5 — 8—1(a)(1)(c)(ii) of the Code for the murder of more than one person violated the proportionate penalties clause of the Illinois Constitution as applied to the defendant in that case, who was “a juvenile offender convicted under a theory of accountability.” Miller, 202 Ill. 2d at 343. Although defendant here was convicted under a theory of accountability, he was 18 years old at the time of the murders and was not a juvenile offender, making Miller inapplicable.

Despite defendant’s attempts to characterize the Miller holding as applicable to “young” adult defendants, the Miller court clearly indicated that its holding applied only to juvenile defendants. Miller, 202 Ill. 2d at 343. The Miller court noted that its decision was “consistent with the longstanding distinction made in this state between adult and juvenile offenders.” Miller, 202 Ill. 2d at 341. Indeed, as the Miller court specifically acknowledged: “Illinois courts have *** upheld application of [section 5 — 8—1(a)(1)(c)(ii) of the Code] to juvenile principals and adult accomplices.” (Emphasis added.) Miller, 202 Ill. 2d at 337; see also People v. McCoy, 337 Ill. App. 3d 518, 523 (2003); People v. Koger, 287 Ill. App.

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Cite This Page — Counsel Stack

Bluebook (online)
812 N.E.2d 737, 349 Ill. App. 3d 747, 285 Ill. Dec. 917, 2004 Ill. App. LEXIS 793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-winters-illappct-2004.