People v. Young

529 N.E.2d 497, 124 Ill. 2d 147, 124 Ill. Dec. 516, 1988 Ill. LEXIS 116
CourtIllinois Supreme Court
DecidedSeptember 22, 1988
Docket64888
StatusPublished
Cited by45 cases

This text of 529 N.E.2d 497 (People v. Young) 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. Young, 529 N.E.2d 497, 124 Ill. 2d 147, 124 Ill. Dec. 516, 1988 Ill. LEXIS 116 (Ill. 1988).

Opinion

JUSTICE RYAN

delivered the opinion of the court:

The defendant, Joseph Young, age 20, was convicted of the murder and armed robbery of Mrs. Willie Davis, age 63, at a bench trial in the circuit court of Cook County. The People sought the death penalty. Pursuant to the defendant’s request, a jury was selected to consider defendant’s eligibility for the death penalty and whether to impose it.

At the bifurcated penalty hearing, the jury found the defendant eligible for the death penalty, in that he was over 18 years of age and had committed a murder in the course of an armed robbery. (Ill. Rev. Stat. 1981, ch. 38, par. 9—1(b).) In the second phase of the penalty hearing, the jury was unable to unanimously agree that there were no mitigating factors sufficient to preclude the imposition of the death penalty. Accordingly, a subsequent sentencing hearing was conducted by the court, as required by statute. (Ill. Rev. Stat. 1981, ch. 38, par. 9—1(g).) The court, after considering all arguments and the presentence report, sentenced the defendant to natural life imprisonment, based on the fact that an aggravating factor listed in section 9—1(b) of the Criminal Code of 1961 was present (murder committed in the course of an armed robbery) (Ill. Rev. Stat. 1981, ch. 38, par. 9—1(b)). (See Ill. Rev. Stat. 1981, ch. 38, par. 1005—8—1(a)(1).) The court imposed an extended 60-year term for the armed robbery conviction, based on the fact that the offense was accompanied by exceptionally brutal or heinous behavior. Ill. Rev. Stat. 1981, ch. 38, par. 1005 — 5— 3.2(b)(2).

The defendant appealed the convictions and the sentences. The appellate court, in a Rule 23 order (107 Ill. 2d R. 23), upheld the convictions but remanded the matter to the trial court to reconsider the sentence in view of defendant’s age and because the sentence precluded any possibility of parole. (113 Ill. App. 3d 1165 (unpublished order under Supreme Court Rule 23).) Following the remand, the defendant moved the court to order a supplemental presentence investigation and report, which would relate information concerning defendant’s good conduct while incarcerated. The court denied the motion. At the subsequent hearing, the court again denied a similar motion. It determined that defendant’s conduct in prison had no bearing on the sentencing issues it considered at the first hearing, and that it was beyond the mandate of the appellate court’s remand order. The court did allow the defendant to present witnesses and letters from prison staff in order to make a record for a potential appeal. Following this, and after hearing arguments of counsel, the judge reaffirmed the original sentence.

The nature of and authority for the appellate court’s remand are not clear. The defendant contends that the appellate court’s Rule 23 order set aside or vacated the defendant’s sentence and remanded the case for a re-sentencing hearing. The appellate court, on appeal from the affirmance of the sentence, indicated that its original Rule 23 order did not vacate the original sentence, but remanded only for a reconsideration of that sentence in light of defendant’s age and the fact that the sentence precluded parole. 152 Ill. App. 3d at 364.

The authority of reviewing courts in criminal cases is set out in Rule 615(b) (107 Ill. 2d R. 615(b)). The authority of reviewing courts in civil cases is set out in Rule 366 (107 Ill. 2d R. 366). The authority in civil cases, as set out in Rule 366, is much broader and more specifically stated than is the authority of a reviewing court in criminal appeals as stated in Rule 615(b). The authority to enter an order of remandment in criminal cases is not specifically granted in Rule 615(b), but is in Rule 366. It is obvious, however, that a reviewing court has such authority in criminal cases when used in connection with other authority specifically stated in Rule 615(b). Likewise, a reviewing court has certain inherent authority, such as the authority to remand a case for a Batson hearing (whether peremptory challenges were exercised in violation of Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712). Also, section 5-5-3(d) (Ill. Rev. Stat. 1981, ch. 38, par. 1005 — 5—3(d)) provides that when a sentence is vacated, the case shall be remanded to the trial court.

Courts of review, however, are just that, and should review the case in light of the record made in the trial court. The nature of judicial proceedings does not contemplate that a case be sent back to the trial court for one side or the other to bolster its position by further presentations, and in the interest of the finality of judgments, such remandments should not be made. It appears here that in the Rule 23 order, the appellate court found no reason to reverse the judgment of the trial court. In fact, it stated that it found no reason to modify the judgment or reduce the sentence. The appellate court, apparently for humanitarian reasons, simply wanted the trial court to take another look at (to reconsider) the sentence, in light of the defendant’s age and the fact that the sentence precluded parole. Whether the appellate court had the authority to do that is not before us in this appeal.

We must consider that the Rule 23 order which the appellate court entered vacated the sentence and remanded the case to the trial court for a resentencing hearing, but with specific and limiting directions. The trial court was to consider the sentence that had originally been imposed in view of the defendant’s age and in view of the fact that the sentence precluded parole. That was the mandate to the trial court as contained in the Rule 23 order. On appeal following resentencing, the appellate court, with one justice dissenting, affirmed (152 Ill. App. 3d 361), and found that the trial court had followed the mandate of its previous Rule 23 order.

The defendant raises three issues on appeal. First, the defendant contends that it was mandatory for the trial judge to order a supplemental presentence investigation and report and to consider defendant’s post-conviction prison conduct upon reconsideration of the sentence. Second, the defendant argues that the extended-term sentence for armed robbery violated section 5 — 8—2 the Unified Code of Corrections (Ill. Rev. Stat. 1981, ch. 38, par. 1005 — 8—2), because armed robbery was not in the class of the most serious offense for which defendant was convicted. Finally, the defendant urges that if there is a remand granted for resentencing, the case should be assigned to a different trial judge.

With regard to the first issue, the defendant argues that the provisions of section 5 — 5—3(d) of the Unified Code of Corrections mandate that after vacation of a sentence and remand, a new sentencing hearing must include evidence of defendant’s conduct since the original sentence was passed. Section 5 — 5—3(d) states:

“(d) In any case in which a sentence originally imposed is vacated, the case shall be remanded to the trial court. The trial court shall hold a hearing under Section 5 — 4—1 of the Unified Code of Corrections which may include evidence of the defendant’s life, moral character and occupation during the time since the original sentence was passed. The trial court shall then impose sentence upon the defendant.

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Cite This Page — Counsel Stack

Bluebook (online)
529 N.E.2d 497, 124 Ill. 2d 147, 124 Ill. Dec. 516, 1988 Ill. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-young-ill-1988.