People v. Taylor
Annotate this CaseDefendant was charged with armed robbery while in possession of a firearm, evading arrest, and reckless driving in 2005. He pled guilty to one count of armed robbery while in possession of a firearm in exchange for dismissal of the other charges and a recommendation for a maximum sentence of 30 years. The circuit court sentenced defendant to 24 years in prison, including a statutorily mandated 15-year sentencing enhancement for possession of the firearm, 720 ILCS 5/18-2(a)(2), (b). Defendant moved to withdraw his plea. The circuit court denied his motion; the appellate court affirmed. Defendant’s 2011 post-conviction petition was dismissed. The appellate court found the 15-year sentencing enhancement violated the proportionate penalties clause and reversed. The Illinois Supreme Court instructed the appellate court to vacate its decision and reconsider in light of its 2013 decisions. The appellate court vacated and upheld the sentence. The Illinois Supreme Court then reversed. Public Act 95-688, enacted in 2007, amended the armed violence statute so that robbery can no longer serve as a predicate offense for armed violence; the crimes no longer share identical elements and neither violates the proportionate penalties clause. However, that amendment should not be applied retroactively. Defendant was sentenced prior to the enactment, the sentencing enhancement was disproportionate when applied and the sentence is facially unconstitutional and void.
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