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People v. Mata

Case Date: 12/09/2004
Court: 2nd District Appellate
Docket No: 2-03-0446 Rel

No. 2--03--0446

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE
OF ILLINOIS,

            Plaintiff-Appellee,

v.

BERNINA MATA,

            Defendant-Appellant.

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)		 Appeal from the Circuit Court
of Boone County.



No. 96--CF--110

Honorable
Gerald F. Grubb,
Judge, Presiding.


JUSTICE GILLERAN JOHNSON delivered the opinion of the court:

Following a jury trial, the defendant, Bernina Mata, was convicted of first degree murder. The same jury found the defendant eligible for the death penalty and determined there were nomitigating factors sufficient to preclude the imposition of that sentence. Subsequently, the trial courtsentenced the defendant to death. The defendant directly appealed to the Illinois Supreme Court,raising nine various contentions. On January 11, 2003, former Governor George Ryan commutedthe defendant's death sentence to a term of natural life imprisonment without the possibility of parole. Upon her appeal being transferred to this court, the defendant filed a motion requesting towithdraw eight of her contentions. We grant this motion. The defendant's sole remaining contentionis that she is entitled to a new sentencing hearing because the State failed to prove beyond areasonable doubt that she committed the murder in a cold, calculated, and premeditated manner. Because this is her only contention, we dismiss the appeal as moot.

An appellate issue is moot when it is abstract or presents no justiciable controversy. Peoplev. Blaylock, 202 Ill. 2d 319, 325 (2002). An issue can become moot if circumstances change duringthe pendency of an appeal that prevent the reviewing court from being able to render effectual relief. People v. Jackson, 199 Ill. 2d 286, 294 (2002). It is well settled in Illinois that any and all issuesraised concerning a defendant's commuted death sentence are moot. People v. Evans, 209 Ill. 2d 194,208 (2004); People v. Rissley, 206 Ill. 2d 403, 463 (2003); People v. Watson, 347 Ill. App. 3d 181,186-87 (2004).

The Governor's power to pardon flows from both the United States and Illinois Constitutions. People ex rel. Johnson v. Murphy, 257 Ill. 564, 566 (1913). Specifically, our Illinois Constitutionprovides that "[t]he Governor may grant reprieves, commutations and pardons, after conviction, forall offenses on such terms as he thinks proper." Ill. Const. 1970, art. V,