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People v. Green

Court of Appeals of Illinois, Fourth District

January 30, 2014

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
DION GREEN, Defendant-Appellant

Appeal from Circuit Court of Sangamon County. No. 11CF459. Honorable John Schmidt, Judge Presiding.

SYLLABUS

Even if one of defendant's two underlying felony convictions was found unconstitutional in Aguilar, his negotiated guilty plea leading to his conviction for being an armed habitual criminal was not rendered void, since defendant had sufficient other felony convictions to satisfy the requirements of the armed habitual criminal statute.

Michael J. Pelletier, Karen Munoz, and Amber Corrigan, all of State Appellate Defender's Office, of Springfield, for appellant.

John Milhiser, State's Attorney, of Springfield (Patrick Delfino, David J. Robinson, and Luke McNeill, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

JUSTICE POPE delivered the judgment of the court, with opinion. Justices Holder White and Steigmann concurred in the judgment and opinion.

OPINION

POPE JUSTICE.

Page 839

[¶1] In August 2011, pursuant to a fully negotiated plea agreement, defendant pleaded guilty to armed habitual criminal (720 ILCS 5/24-1.7(a) (West 2010)) in exchange for the State's agreement to dismiss two additional charges and to recommend a 10-year prison sentence.

[¶2] One of the two underlying felony offenses the State used to satisfy the requirements of the armed habitual criminal statute was a prior conviction for aggravated unlawful use of a weapon (720 ILCS 5/24-1.6 (West 2000)). In September 2013, our supreme court held section 24-1.6(a)(1), (a)(3)(A) of the aggravated unlawful use of a weapon statute unconstitutional in People v. Aguilar, 2013 IL 112116, 377 Ill.Dec. 405, 2 N.E.3d 321. In December 2013, our supreme court modified its earlier opinion and emphasized its unconstitutionality finding is limited to the Class 4 form of the statute.

[¶3] On appeal, defendant contends his fully negotiated guilty plea leading to a conviction for armed habitual criminal is void because one of the underlying offenses used to satisfy the armed habitual criminal statute, i.e., aggravated unlawful use of a weapon, was found unconstitutional by our supreme court.

[¶4] We affirm.

[¶5] I. BACKGROUND

[¶6] In June 2011, the State charged defendant, Dion Green, by information with armed habitual criminal, a Class X felony (count I) (720 ILCS 5/24-1.7(a), (b) (West 2010)); aggravated assault, a Class 4 felony (count II) (720 ILCS 5/12-2(a)(6), (b) (West 2010)); and aggravated unlawful use of a weapon, a Class 2 ...


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