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People v. McCoy

Case Date: 02/25/2003
Court: 2nd District Appellate
Docket No: 2-01-0603 Rel

No. 2--01--0603

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Kane County.
)
           Plaintiff-Appellee, )
) No. 99--CF--2058
v. )
)
WILLIE C. McCOY, ) Honorable
) Philip L. DiMarzio,
          Defendant-Appellant. ) Judge, Presiding.

JUSTICE BYRNE delivered the opinion of the court:

Following a jury trial in the circuit court of Kane County,defendant, Willie C. McCoy, was found guilty of three counts offirst-degree murder (720 ILCS 5/9--1(a)(1), (a)(2) (West 2000)),one count of attempted first-degree murder (720 ILCS 5/8--4(a), 9--1(a)(2) (West 2000)), and one count of aggravated battery with afirearm (720 ILCS 5/12--4.2(a)(1) (West 2000)) based uponaccountability. Defendant received a mandatory sentence of naturallife imprisonment under the multiple-murder provision of theUnified Code of Corrections (Unified Code) (730 ILCS 5/5--8--1(a)(1)(c)(ii) (West 2000)). On appeal, defendant argues that hismandatory sentence of natural life based upon accountabilityoffends the proportionate penalties clause of the IllinoisConstitution (Ill. Const. 1970, art. I,