{ "id": 140252, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD B. BAUMANN, Defendant-Appellant", "name_abbreviation": "People v. Baumann", "decision_date": "2000-07-11", "docket_number": "No. 2\u201499\u20140168", "first_page": "947", "last_page": "951", "citations": [ { "type": "official", "cite": "314 Ill. App. 3d 947" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "304 Ill. App. 3d 294", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 564611 ], "year": 1999, "opinion_index": 0, "case_paths": [ "/ill-app-3d/304/0294-01" ] }, { "cite": "183 Ill. 2d 339", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 209979 ], "year": 1998, "opinion_index": 0, "case_paths": [ "/ill-2d/183/0339-01" ] }, { "cite": "175 Ill. 2d 435", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 295830 ], "year": 1997, "pin_cites": [ { "page": "443" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/175/0435-01" ] }, { "cite": "263 Ill. App. 3d 578", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5368689 ], "year": 1994, "opinion_index": 0, "case_paths": [ "/ill-app-3d/263/0578-01" ] }, { "cite": "274 Ill. App. 3d 834", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 291574 ], "weight": 4, "year": 1995, "pin_cites": [ { "page": "837" }, { "page": "837" }, { "page": "838" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/274/0834-01" ] }, { "cite": "90 Ill. App. 3d 930", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3160121 ], "weight": 2, "year": 1980, "pin_cites": [ { "page": "936" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/90/0930-01" ] }, { "cite": "82 Ill. App. 3d 350", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3223033 ], "weight": 2, "year": 1980, "pin_cites": [ { "page": "352-53" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/82/0350-01" ] }, { "cite": "311 Ill. App. 3d 672", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 415353 ], "year": 2000, "pin_cites": [ { "page": "675" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/311/0672-01" ] }, { "cite": "168 Ill. 2d 107", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 307263 ], "year": 1995, "pin_cites": [ { "page": "113", "parenthetical": "\"A sentence which does not conform to a statutory requirement is void\"" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/168/0107-01" ] } ], "analysis": { "cardinality": 442, "char_count": 9380, "ocr_confidence": 0.756, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.005041992795718978 }, "sha256": "6abdf15b05e03e2b97e7d5dbdae7d844b98293030f62698d78b00d98e7bd976d", "simhash": "1:313d3eb2e4e2adfb", "word_count": 1607 }, "last_updated": "2023-07-14T20:48:47.280070+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD B. BAUMANN, Defendant-Appellant." ], "opinions": [ { "text": "JUSTICE INGLIS\ndelivered the opinion of the court:\nDefendant, Richard B. Baumann, pleaded guilty to the possession of a stolen motor vehicle, a Class 2 felony. See 625 ILCS 5/4 \u2014 103(a)(1), (b) (West 1998). He previously had been convicted of attempted armed robbery (720 ILCS 5/8 \u2014 4(a), 18 \u2014 2(a) (West 1998)) and attempted residential burglary (720 ILCS 5/8 \u2014 4(a), 19 \u2014 3(a) (West 1998)). He filed a motion to declare himself ineligible for Class X (730 ILCS 5/5 \u2014 5\u2014 3(c)(8) (West 1998)) or extended-term (730 ILCS 5/5 \u2014 5\u20143.2(b)(1) (West 1998)) sentencing. The trial court denied the motion and sentenced defendant to eight years\u2019 imprisonment, one year more than the maximum Class 2 sentence. See 730 ILCS 5/5 \u2014 8\u20141(a)(5) (West 1998). Defendant appeals, arguing that his sentence is void. We affirm.\nA defendant who is more than 21 years old is eligible for Class X sentencing if he is convicted of a Class 2 felony after \u201chaving twice been convicted of any Class 2 or greater Class felonies.\u201d 730 ILCS 5/5 \u2014 5\u20143(c)(8) (West 1998). Furthermore, a defendant is eligible for extended-term sentencing if he is convicted of any felony within 10 years after being convicted of \u201cthe same or similar class felony or greater class felony.\u201d 730 ILCS 5/5 \u2014 5\u20143.2(b)(1) (West 1998). As defendant concedes, the sole issue in this case is whether the trial court properly treated his prior offenses, attempted armed robbery and attempted residential burglary, as Class 2 or greater class felonies. If so, defendant\u2019s sentence is valid as a Class X (730 ILCS 5/5 \u2014 8\u20141(a)(3) (West 1998)) or an extended-term (730 ILCS 5/5' \u2014 8\u20142(a)(4) (West 1998)) sentence. If not, defendant is eligible only for a Class 2 sentence, and his sentence is void. See People v. Arna, 168 Ill. 2d 107, 113 (1995) (\u201cA sentence which does not conform to a statutory requirement is void\u201d). Because this is a question of law, our review of the trial court\u2019s ruling is de novo. See People v. Ernst, 311 Ill. App. 3d 672, 675 (2000).\nDefendant attempted to commit the Class X felony of armed robbery (720 ILCS 5/18 \u2014 2(b) (West 1998)) and the Class 1 felony of residential burglary (720 ILCS 5/19 \u2014 3(b) (West 1998)). Therefore, he was subject to the following provisions of section 8 \u2014 4(c) of the Criminal Code of 1961:\n\u201cA person convicted of an attempt may be fined or imprisoned or both not to exceed the maximum provided for the offense attempted but ***\n(2) the sentence for attempt to commit a Class X felony is the sentence for a Class 1 felony;\n(3) the sentence for attempt to commit a Class 1 felony is the sentence for a Class 2 felony[.]\u201d 720 ILCS 5/8 \u2014 4(c)(2), (c)(3) (West 1998).\nDefendant argues that, although these provisions classified the sentences for the offenses, they did not classify the crimes themselves. Therefore, according to defendant, the offenses were unclassified and subject to section 5 \u2014 5\u20142(a) of the Unified Code of Corrections:\n\u201cThe particular classification of each felony is specified in the law defining the felony. Any unclassified offense which is declared by law to be a felony or which provides a sentence to a term of imprisonment for one year or more shall be a Class 4 felony.\u201d 730 ILCS 5/5 \u2014 5\u20142(a) (West 1998).\nDefendant concludes that, for the purposes of determining his sentence in the current case, his attempted armed robbery and attempted residential burglary were Class 4 felonies. We disagree.\nThe essence of defendant\u2019s argument has been rejected several times. In People v. Calvert, 82 Ill. App. 3d 350 (1980), the defendant was convicted of attempted murder. The effective version of section 8 \u2014 4(c) stated that \u201cthe sentence for attempt to commit murder shall not exceed the sentence for a Class 1 felony.\u201d Ill. Rev. Stat. 1975, ch. 38, par. 8 \u2014 4(c)(1). The defendant was sentenced to 5 to 10 years\u2019 imprisonment, and he appealed. He argued that section 8 \u2014 4(c) left attempted murder unclassified and that, under section 5 \u2014 5\u20142(a), the offense was a Class 4 felony subject only to a sentence of one to three years. See Ill. Rev. Stat. 1975, ch. 38, par. 1005 \u2014 8\u20141(b)(5). Rather summarily, the court rejected the argument and upheld the defendant\u2019s sentence. Calvert, 82 Ill. App. 3d at 352-53.\nLikewise, in People v. Musial, 90 Ill. App. 3d 930 (1980), the defendant was convicted of attempted murder and sentenced to 8 to 15 years\u2019 imprisonment. Under the same version of section 8 \u2014 4(c), the defendant argued that attempted murder was unclassified and subject only to a Class 4 sentence. Following Calvert, the court stated as follows:\n\u201cWe think it would be anomalous for any court to hold that attempt murder should be downgraded by three categories with a commensurate reduction in the sentencing range simply because the prohibited act is not completed. Defendant\u2019s contention is, therefore, without support in law or logic.\u201d Musial, 90 Ill. App. 3d at 936.\nMost instructive here, however, is People v. Perkins, 274 Ill. App. 3d 834 (1995). In that case, the defendant was convicted of two counts of attempted first-degree murder and sentenced to consecutive prison terms of 20 and 25 years. He appealed, arguing that consecutive sentences were not mandatory.\nAt the time, section 8 \u2014 4(c) stated, as it does now, that \u201cthe sentence for attempt to commit first degree murder is the sentence for a Class X felony.\u201d 720 ILCS 5/8 \u2014 4(c)(1) (West 1992). The defendant\u2019s consecutive sentences were mandatory if, as the trial court determined, attempted first-degree murder was a Class X felony for consecutive sentencing purposes. See 730 ILCS 5/5 \u2014 8\u20144(a) (West 1994). However, the defendant argued that, for those purposes, attempted first-degree murder was a Class 4 felony under section 8 \u2014 4(c) and section 5 \u2014 5\u2014 2(a).\nThe appellate court noted that attempted murder, in the absence of certain aggravating factors (see 720 ILCS 5/8 \u2014 4(c)(1) (West 1994)), was unclassified. However, it ruled that, for the purposes of consecutive sentencing, the distinction between the classification of the crime and the classification of the sentence was \u201ca distinction without a difference.\u201d Perkins, 274 Ill. App. 3d at 837, citing People v. Arna, 263 Ill. App. 3d 578, 589 n.l (1994). The court reasoned:\n\u201cTo conclude that attempted murder carries the same penalty as a Class X offense for general sentencing but then drops back to a Class 4 offense for the purpose of imposing consecutive sentences ignores the legislative scheme and mandate \u2014 penalties according to the seriousness of the offense. The seriousness of attempted murder does not change simply because we move from general sentencing to consecutive-term sentencing.\u201d Perkins, 274 Ill. App. 3d at 837.\nTherefore, the court affirmed the defendant\u2019s consecutive sentences.\nWe agree with the principles articulated in Perkins. We read section 8 \u2014 4(c)(2) to mean that, although an attempt to commit a Class X felony is unclassified, it is to be treated as a Class 1 felony for all sentencing purposes, not merely for \u201csentencing for the immediate offense.\u201d Perkins, 274 Ill. App. 3d at 838. Similarly, under section 8 \u2014 4(c)(3), an attempt to commit a Class 1 felony is to be treated as a Class 2 felony for all sentencing purposes, including, as in this case, the enhancement of the sentence for a subsequent offense. Therefore, we hold that, in determining defendant\u2019s eligibility for a Class X or an extended-term sentence, the trial court properly treated his attempted armed robbery and attempted residential burglary as Class 2 or greater class felonies.\nThe legislature obviously believed that an attempt to commit a Class X or a Class 1 felony was as serious as, respectively, a Class 1 or a Class 2 felony. It also clearly believed that, under the enhancement statutes at issue here, a defendant\u2019s eligibility for a Class X or an extended-term sentence was based on the seriousness of his prior crimes. Defendant would have us conclude that, although his prior crimes were relatively serious when he committed them, they are relatively mild in the present context. We simply cannot imagine that the legislature intended such a result. The primary rule of statutory construction is to ascertain and effectuate the legislature\u2019s intent (People v. Woodard, 175 Ill. 2d 435, 443 (1997)), and we are confident that we have done so here.\nA final observation is in order. One court has stated that, in light of People v. Olivo, 183 Ill. 2d 339 (1998), Perkins no longer reflects \u201cthe current state of the law.\u201d People v. Pullen, 304 Ill. App. 3d 294, 297 n.l (1999). We note, however, that neither Olivo nor Pullen had anything to do with the central issue in Perkins: the treatment of attempt offenses for the purposes of consecutive sentencing. Therefore, Pullen does not dissuade us from following Perkins here.\nFor these reasons, the judgment of the circuit court of Du Page County is affirmed.\nAffirmed.\nBOWMAN, EJ., and THOMAS, J., concur.", "type": "majority", "author": "JUSTICE INGLIS" } ], "attorneys": [ "G. Joseph Weller and Mark G. Levine, both of State Appellate Defender\u2019s Office, of Elgin, for appellant.", "Joseph E. Birkett, State\u2019s Attorney, of Wheaton (Martin P. Moltz and Peggy F.J. Bradford, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD B. BAUMANN, Defendant-Appellant.\nSecond District\nNo. 2\u201499\u20140168\nOpinion filed July 11, 2000.\nG. Joseph Weller and Mark G. Levine, both of State Appellate Defender\u2019s Office, of Elgin, for appellant.\nJoseph E. Birkett, State\u2019s Attorney, of Wheaton (Martin P. Moltz and Peggy F.J. Bradford, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." }, "file_name": "0947-01", "first_page_order": 965, "last_page_order": 969 }