People v. Wisslead Book Reviews

People v. Wisslead by Supreme Court of Illinois Book Summary

On April 1, 1981, the defendant, Scott A. Wisslead, was charged with committing the offense of unlawful restraint (Ill. Rev. Stat. 1979, ch. 38, par. 10-3(a)) and the offense of armed violence (Ill. Rev. Stat. 1979, ch. 38, par. 33A-2) based on the underlying felony of unlawful restraint. The criminal information alleged that on March 31, 1981, Wisslead, while armed with a revolver, detained his estranged wife without legal authority. On August 13, 1981, the defendant filed a motion to dismiss, contending that the unlawful-restraint statute is unconstitutionally vague, that the armed-violence statute provides an arbitrary classification of penalties, and that the offense of armed violence cannot be based on the crime of unlawful restraint. On October 5, 1981, the circuit court of McDonough County held that the unlawful-restraint statute is not unconstitutionally vague. It further held that the armed-violence statute, as applied to the unlawful-restraint statute, violated sections 2 and 11 of article I of the Constitution of the State of Illinois (Ill. Const. 1970, art. I, secs. 2, 11) and the fourteenth amendment of the Constitution of the United States (U.S. Const., amend. XIV) in that the statutory scheme of penalties is arbitrary, capricious, and not reasonably related to the seriousness of the offenses classified under article 10 of the Criminal Code of 1961 (Ill. Rev. Stat. 1979, ch. 38, pars. 10-1 through 10-5 (kidnaping and related offenses)). The court declared the armed-violence statute unconstitutional as applied to the unlawful-restraint statute and dismissed the charge of armed violence. The court denied the motion to dismiss the unlawful-restraint count. The People have appealed to this court under our Rule 302(a). 73 Ill.2d R. 302(a). The People first contend that the defendant's challenge to the sentencing provisions of the armed-violence statute is premature since there has not been an adjudication of guilt. The record shows that this contention was not presented, argued or decided in the trial court. Since the question has been raised for the first time on appeal, it will not be considered. Hamer v. Kirk (1976), 65 Ill.2d 211; People ex rel. Wilcox v. Equity Funding Life Insurance Co. (1975), 61 Ill.2d 303; Kravis v. Smith Marine, Inc. (1975), 60 Ill.2d 141.

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