The People of the State of Illinois v. Kizzy L.M. Jackson

199 Ill. 2d 286 (2002) · Supreme Court of Illinois · April 18, 2002 · No. No. 91359

Summary

The Illinois Supreme Court held that a defendant who knowingly and voluntarily pleads guilty waives an Apprendi-based challenge to an extended-term sentence imposed under Illinois law. The court rejected arguments that the challenge concerned the trial court’s sentencing authority or a facially unconstitutional statute, and affirmed the appellate court’s judgment.

Holdings

  1. The appeal was not moot because Jackson remained on mandatory supervised release and the length of her sentence could affect the period of reincarceration for a release violation.
  2. A defendant who knowingly and voluntarily pleads guilty waives an Apprendi-based sentencing objection on appeal.
  3. Jackson's Apprendi claim was not an objection that the circuit court lacked statutory authority to impose the sentence; the statutes expressly authorized an extended term for exceptionally brutal or heinous conduct indicative of wanton cruelty.
  4. The extended-term sentencing statutes were not facially unconstitutional, and Jackson's as-applied Apprendi challenge was waived by her guilty plea.

Questions Presented

  1. Whether Jackson's appeal was moot because she had been released from prison and was on mandatory supervised release.
  2. Whether a knowing and voluntary guilty plea waived Jackson's Apprendi-based challenge to the extended-term sentence.
  3. Whether Jackson could avoid waiver by characterizing the challenge as one to the trial court's authority to impose the sentence or as a facial constitutional challenge to the sentencing statutes.

Disposition

affirmed

Cases Cited (25)

  • Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000)(applied and distinguished)
  • Berlin v. Sarah Bush Lincoln Health Center, 179 Ill. 2d 1, 7-8, 688 N.E.2d 106 (1997)(followed)
  • People ex rel. Bernardi v. City of Highland Park, 121 Ill. 2d 1, 6-7, 520 N.E.2d 316 (1988)(followed)
  • Knell v. Bensinger, 489 F.2d 1014 (7th Cir. 1973)(analogized)
  • People v. Rhoades, 323 Ill. App. 3d 644, 257 Ill. Dec. 342, 753 N.E.2d 537 (2001)(followed)
  • People v. Chandler, 321 Ill. App. 3d 292, 254 Ill. Dec. 967, 748 N.E.2d 685 (2001)(followed)
  • People v. Kidd, 327 Ill. App. 3d 973, 262 Ill. Dec. 351, 765 N.E.2d 488 (2002)(rejected)
  • United States v. Gaudin, 515 U.S. 506, 510, 115 S. Ct. 2310, 132 L. Ed. 2d 444 (1995)(followed)
  • People v. Barker, 83 Ill. 2d 319, 327-30, 415 N.E.2d 404 (1980)(followed)
  • People v. Ford, 198 Ill. 2d 68, 260 Ill. Dec. 552, 761 N.E.2d 735 (2001)(followed)

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