People v. Williams
People v. Williams
Opinion
¶ 1 The defendant, Cordell Williams, was found guilty of two counts of first degree murder based upon the theory of accountability and sentenced to mandatory natural life in prison without the possibility of parole. In three prior appeals, this court affirmed his conviction, the summary dismissal of his postconviction petition, and the dismissal of his first successive postconviction petition. The defendant then filed a motion for leave to file a second successive postconviction petition, arguing that his mandatory life sentence violated both the United States and the Illinois Constitutions. The circuit court denied his motion, and the defendant now appeals. For the following reasons, we vacate the defendant's sentence, remand this case to the circuit court for a new sentencing hearing, and instruct the circuit court to issue an amended mittimus reflecting a sentencing credit of 441 days.
¶ 2 BACKGROUND
¶ 3 In May 1994, the defendant was 19 years old and a member of a street gang. Shortly after midnight on May 26, 1994, he was driving his mother's car with three other gang members as passengers. One of those passengers, 17-year-old David Evans, told the defendant that he saw rival gang members inside a restaurant. Evans told the defendant to stop the car and open the trunk, and the defendant complied. Evans exited the car, retrieved a gun from the trunk, and proceeded to fatally shoot two people inside the restaurant. After the shootings, Evans returned to the car, and the defendant drove him and the other passengers away from the scene.
¶ 4 The defendant was charged with first degree murder pursuant to Illinois's accountability statute, which provides that *257 "[a] person is legally accountable for the conduct of another when * * * [e]ither before or during the commission of an offense, and with the intent to promote or facilitate such commission, he solicits, aids, abets, agrees or attempts to aid, such other person in the planning or commission of the offense." 720 ILCS 5/5-2 (West 1994). After trial, a jury found the defendant guilty of first degree murder based on the theory of accountability.
¶ 5 The applicable sentencing statute at the time allowed a court, in first degree murder cases, to sentence the defendant to a term of natural life imprisonment where the defendant "is found guilty of murdering more than one victim." 730 ILCS 5/5-8-1(a)(1)(c)(ii) (West 1994). Accordingly, in August 1995, the circuit court sentenced the defendant to natural life in prison without the possibility of parole.
¶ 6 The defendant has engaged in extensive postconviction litigation. First, the defendant directly appealed his conviction. We affirmed his conviction and sentence on March 26, 1999.
People v. Williams
,
¶ 7 On October 18, 2011, the defendant filed a
pro se
petition titled "Motion to Vacate Void Judgment"
1
pursuant to section 2-1401 of the Code of Civil Procedure ( 735 ILCS 5/2-1401 (West 2010) ). In the section 2-1401 petition, the defendant alleged,
inter alia
, that his natural life sentence is void because the sentencing statute was declared unconstitutional under the single-subject clause ( Ill. Const. 1970, art. IV, § 8 (d) ). The circuit court found the section 2-1401 petition untimely, found that the defendant's claims were barred as
res judicata
, and dismissed the section 2-1401 petition. In 2012, after the circuit court's dismissal of the 2-1401 petition, but before the defendant's appeal from that dismissal was decided, the United States Supreme Court decided
Miller v. Alabama
,
¶ 8 The instant appeal stems from the defendant's December 2014 pro se motion for leave to file a second successive postconviction petition (the motion). The denial of the motion to file his petition is the subject of this appeal. In the motion, the defendant argued that he should be allowed leave to file a second successive postconviction petition because his mandatory sentence of natural life without the possibility of parole is unconstitutional as applied to him in light of Miller . The defendant's motion claimed that he satisfied the cause-and-prejudice requirements needed to grant leave to file a successive postconviction petition under section 122-1(f) of the Code of Criminal Procedure of 1963. 725 ILCS 5/122-1(f) (West 2014) (courts may grant leave to file a successive postconviction petition only where a defendant "shows cause by identifying an objective factor that impeded his or her ability to raise a specific claim during his or her initial post-conviction proceedings" and "shows prejudice by demonstrating that the claim not raised during his or her initial post-conviction proceedings so infected the trial that the resulting conviction or sentence violated due process"). With respect to "cause," the defendant argued that he could not have raised this claim earlier because the primary authority he relied upon, Miller , was not decided until 2012. With respect to "prejudice," the defendant claimed that he is prejudiced because his life sentence is now unconstitutional under Miller , such that he is entitled to resentencing, including credit for time served.
¶ 9 The circuit court denied the motion upon finding that the defendant failed to satisfy the "prejudice" prong of the cause-and-prejudice test. Specifically, the circuit court found that the defendant's mandatory life-without-parole sentence did not violate his due process rights because Miller only applies to defendants who were under the age of 18 at the time of their crimes, whereas the defendant was 19 years old when he committed his offense. Accordingly, the circuit court denied the defendant's motion for leave to file a second successive postconviction petition. This appeal followed.
¶ 10 ANALYSIS
¶ 11 We note that we have jurisdiction to review this matter, as the defendant filed a timely notice of appeal following the denial of his motion. Ill. S. Ct. R. 603 (eff. Feb. 6, 2013); R. 606 (eff. Dec. 11, 2014).
¶ 12 The defendant argues that the circuit court should have granted his motion seeking leave to file a successive postconviction petition because he met the "prejudice" prong of the cause-and-prejudice test. Specifically, he argues that (1) his mandatory sentence of natural life without the possibility of parole is unconstitutional as applied to him and (2) he should receive *259 a credit of 441 days for time served in presentence custody.
¶ 13 Before we address the merits of the defendant's arguments, we consider the State's claims that we should affirm the circuit court's ruling on procedural grounds. First, the State argues that the defendant failed to create a sufficient record establishing his as-applied constitutional challenge. See
People v. Thompson
,
¶ 14 We now turn to the defendant's argument that his mandatory life-without-parole sentence is unconstitutional as applied to him because the sentencing judge was barred from considering several factors, particularly his youth and his limited participation in the crime. The defendant directs us to
People v. Miller
,
¶ 15 We first examine the standard of review on the defendant's motion,
*260
considering the lengthy procedural posture of this case. The Post-Conviction Hearing Act provides a procedural mechanism through which a criminal defendant can assert that his federal or state constitutional rights were substantially violated in his original trial or sentencing hearing. 725 ILCS 5/122-1(a) (West 2014);
People v. Pitsonbarger
,
¶ 16 Here, the State concedes that the defendant satisfied the "cause" prong of the cause-and-prejudice test because the primary authority upon which the defendant relied,
Miller
, was not decided until 2012, 17 years after the defendant's conviction and sentence. The defendant could not have raised this issue based on
Miller
before then. Thus, we focus on whether the defendant satisfied the "prejudice" prong of the cause-and-prejudice test. That prong depends on the merits of his constitutional claim. "The Eighth Amendment's prohibition of cruel and unusual punishment 'guarantees individuals the right not to be subjected to excessive sanctions.' "
Miller
,
¶ 17 The defendant argues that under the particular facts of his case, a mandatory sentence of life without parole is disproportionate. We preface our consideration *261 of this argument by acknowledging the defendant's role in the murders. Specifically, the defendant, at Evans's request, stopped the car in front of the restaurant and opened the trunk containing the gun. He also waited while Evans entered the restaurant and shot the two victims, and then drove Evans away from the scene of the crime. The seriousness of the defendant's actions cannot be discounted.
¶ 18 However, the defendant's young age of 19 at the time of the offense also cannot be discounted. While he was not legally a juvenile when the murders were committed, there is a growing body of scientific evidence that the young adult brain, such as that of the defendant at age 19, is still developing, rendering young adults more similar to juveniles than mature adults. See,
e.g.
,
People v. House
,
¶ 19 Although the United States Supreme Court in
Roper
affirmed that the division between an adult and juvenile defendant is age 18, the court also recognized "[t]he qualities that distinguish juveniles from adults do not disappear when an individual turns 18."
Roper
,
¶ 20 We find this case to be analogous to House , in which this court held that a mandatory natural life sentence was unconstitutional as applied to the 19-year-old defendant who, just like the defendant here, was found guilty of two counts of first degree murder based on the theory of accountability. Id. ¶ 102. In that case, we stated:
"[W]e question the propriety of mandatory natural life for a 19 year old defendant convicted under a theory of accountability. Although defendant acted as a lookout during the commission of the crime and was not the actual shooter, he received a mandatory natural life sentence, the same sentence applicable to the person who pulled the trigger." Id. ¶ 89.
¶ 21 Similarly, the defendant here received the same sentence as the shooter, Evans. While we acknowledge that, under the theory of accountability, the focus is on the nature of the homicides and not a defendant's role in them (
People v. Foster
,
¶ 22 The State argues that
House
is distinguishable because the defendant there never knew his father, was raised by his grandmother, and did not graduate from high school, while the defendant in this case had a good home life, finished high school, and had a job. We find these differences to be unpersuasive in light of the other significant factual similarities to
House
. In both cases, the defendants were 19 years old at the time of their offense and had no history of criminal violence. Both were convicted of murder under the theory of accountability. Perhaps most significantly, both had relatively limited participation in the crime. The State further argues that this court in
House
failed to recognize our supreme court's decision in
People v. Taylor
,
¶ 23 Given the particular circumstances of this case, especially the defendant's youth and limited participation in the offense, we conclude that his mandatory sentence of natural life without the possibility of parole cannot stand. Consequently, we hold that the defendant's sentence violates the proportionate penalties clause of the Illinois Constitution as applied to him under the facts of this case. See
Sharpe
,
¶ 24 We emphasize that we are not holding that all mandatory life-without-parole sentences are unconstitutional for 19 year-olds. Rather, we hold that a mandatory sentence of life-without-parole,
as applied under the facts and circumstances of this case
, is unconstitutional. Notably, at the time of sentencing, the circuit court had no discretion to consider individualized factors related to the defendant before imposing sentence. See
Leon Miller
,
¶ 25 For the reasons stated, the defendant has been prejudiced by the statutes under which he was sentenced and has thus satisfied the "prejudice" prong of the cause-and-prejudice test. Therefore, the circuit court erred in denying the defendant's motion for leave to file a second successive postconviction petition. Yet, we need not remand for further postconviction proceedings. Instead, because we have found the defendant's mandatory life-without-parole
*263
sentence to be unconstitutional, the proper remedy is resentencing. See
People v. Warren
,
¶ 26 Accordingly, we vacate the defendant's sentence, and we remand this case to the circuit court for a new sentencing hearing. At the new sentencing hearing, we instruct the circuit court to consider all relevant mitigating factors, particularly the defendant's youth and limited participation in the offense.
¶ 27 We next address the defendant's argument that he is entitled to 441 days of sentencing credit for time served prior to his sentencing. The defendant urges that if he is sentenced to a term of years upon resentencing, he would then be entitled to that credit. Criminal defendants are entitled to sentencing credit for each day spent in custody prior to sentencing.
People v. Ligons
,
¶ 28 The State's response is that the defendant is not entitled to presentence credit for time served because he received a natural life sentence. However, if upon resentencing, the defendant receives a term of years, he would be entitled to presentence credit. Thus, upon resentencing, if the defendant is sentenced to a term of years, we instruct the circuit court to issue an amended mittimus reflecting a sentencing credit of 441 days.
¶ 29 CONCLUSION
¶ 30 For the foregoing reasons, we vacate the defendant's sentence, and we remand this case to the circuit court for a new sentencing hearing. If the defendant is resentenced to a term of years, we also instruct the circuit court to issue an amended mittimus reflecting a sentencing credit of 441 days.
¶ 31 Sentence vacated; remanded with directions; mittimus corrected.
Justices Connors and Delort concurred in the judgment and opinion.
Reference
- Full Case Name
- The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Cordell WILLIAMS, Defendant-Appellant.
- Cited By
- 4 cases
- Status
- Unpublished