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11/23/94 PEOPLE STATE ILLINOIS v. DARRICK HICKMAN

November 23, 1994

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT,
v.
DARRICK HICKMAN, APPELLEE. -- THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT, V. DOUGLAS HICKMAN, APPELLEE. -- THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT, V. PRINCE TURNER, APPELLEE. -- THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT, V. SEAN WRIGHT, APPELLEE. -- THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT, V. PEDRO MORENO, APPELLEE.



Freeman

The opinion of the court was delivered by: Freeman

JUSTICE FREEMAN delivered the opinion of the court:

Section 405.1(c) of the Illinois Controlled Substances Act provides that a person convicted of criminal drug conspiracy may be sentenced "not to exceed the maximum provided for the offense which is the object of the conspiracy." (720 ILCS 570/405.1(c) (West 1992).) We hold that this provision is not unconstitutionally vague and does not result in an unconstitutionally disproportionate sentencing scheme. We lastly interpret this provision consistent with this court's decision in People v. Moore (1978), 69 Ill. 2d 520, 14 Ill. Dec. 470, 372 N.E.2d 666.

BACKGROUND

Defendants Darrick Hickman, Douglas Hickman, Prince Turner, and Sean Wright were ultimately charged in a four-count indictment in the circuit court of Kane County. Each of these defendants was charged with calculated criminal drug conspiracy (720 ILCS 570/405 (West 1992)), criminal drug conspiracy (720 ILCS 570/405.1 (West 1992)), attempted possession of a controlled substance with intent to deliver (720 ILCS 5/8-4, 570/401 (West 1992)), and attempted possession of a controlled substance (720 ILCS 5/8-4, 570/402 (West 1992)).

Defendant Pedro Moreno was charged in a three-count indictment in the same court. Moreno was charged with criminal drug conspiracy, attempted possession of a controlled substance with intent to deliver, and attempted possession of a controlled substance.

Each defendant asked the trial court to dismiss the criminal drug conspiracy charge and declare that the sentencing provision of the statute was unconstitutionally vague. The trial court so ruled.

The State appeals directly to this court. (134 Ill. 2d R. 603.) We consolidated these cases for review, and now reverse the trial court.

Discussion

Section 405.1 of the Controlled Substances Act states in pertinent part:

"§ 405.1. (a) Elements of the offense. A person commits criminal drug conspiracy when, with the intent that an offense set forth in Section 401, Section 402, or Section 407 of this Act be committed, he agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit such an offense unless anact in furtherance of such agreement is alleged and proved to have been committed by him or by a co-conspirator.

(c) Sentence. A person convicted of criminal drug conspiracy may be fined or imprisoned or both not to exceed the maximum provided for the offense which is the object of the conspiracy." 720 ILCS 570/405.1 (West 1992).

Vagueness

The trial court found that subsection (c) of the criminal drug conspiracy statute does not provide for a minimum sentence. Rather, the subsection establishes only a maximum sentence, which cannot exceed the maximum sentence for the offense that is the object of the conspiracy. The trial court concluded that this absence of a minimum sentence ...


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