People v. Abdullah
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Abdullah was sentenced to concurrent prison terms of 40 years for first-degree murder and 20 years for attempted first-degree murder. In a subsequent motion, the prosecution argued that consecutive sentences were mandatory and sought a term of at least 45 years on the murder conviction: the 20-year minimum term for that offense plus a 25-year firearm enhancement. The indictment did not charge firearm enhancements. The state moved to dismiss Abdullah’s notice of appeal, arguing that Abdullah could not bring an appeal until valid sentences were imposed. The court resentenced Abdullah, imposing consecutive prison terms of 50 years for murder and 31 years for attempted murder, including a 25-year firearm enhancement for both. Abdullah unsuccessfully argued that once his notice of appeal was filed, the court lacked jurisdiction to increase his sentences. On Abdullah’s motion to reconsider, the court reduced the consecutive term for attempted murder to 26 years: the 6-year minimum for that offense plus a 20- year firearm enhancement. The appellate court affirmed. The trial court dismissed Abdullah’s post-conviction petition.
Years later, Abdullah sought relief under 735 ILCS 5/2-1401, arguing that the addition of the firearm enhancements violated ex post facto laws because it was unconstitutional at the time of his offense as violating the proportionate penalties clause of the state constitution (the “Morgan” decision was subsequently overturned) and that the enhancements were based on facts not alleged in the charging instrument and not submitted to the jury and proved beyond a reasonable doubt. The Illinois Supreme Court held that Abdullah’s original concurrent sentences must be reinstated. The prosecution’s post-sentencing motion to modify Abdullah’s sentences was not authorized by statute or by rule and could not be used to delay or circumvent Abdullah’s right to appeal.
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