People v. Anthony
356 Ill. Dec. 1
Ill. App. Ct.2011Background
- Defendant Martinell Anthony was convicted after a bench trial of two counts of unlawful possession of a weapon by a felon and sentenced to six years’ imprisonment on each count, concurrent.
- Counts were based on possession of a handgun and ammunition inside the handgun, with aggravated unlawful use of a weapon charged but merged into the unlawful possession conviction.
- Police observed defendant with a handgun; a loaded semiautomatic handgun and magazines with ammunition were found in the vehicle defendant and another owned, unrelated to his person but in his possession via the vehicle.
- Trial court determined the ammunition inside the backpack behind the rear seat was not a separate consideration for sentencing on the charges.
- On appeal, defendant argued one conviction was unauthorized by statute and challenged various fines/fees; the Illinois Supreme Court directed reaffirmation in light of Carter and Marshall; the appellate court issued a updated decision.
- The court ultimately held the statute permits separate convictions for simultaneous possession of a firearm and firearm ammunition, vacated certain fees/charges, awarded presentence credits, and corrected the mittimus to reflect the monetary adjustment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether simultaneous possession of firearm and ammunition yields multiple convictions | Anthony argues the statute should not authorize separate convictions | Anthony contends the loaded firearm should not support two convictions | Statute unambiguously permits multiple convictions for firearm and ammunition |
| Whether a second conviction based on a loaded firearm is authorized after Carter | State relies on amendment allowing multiple convictions | Carter ambiguity requires limiting to one offense for a loaded gun | Amendment permits multiple convictions; no error; no one-off restriction for loaded firearm under this record |
| DNA analysis fee imposition | State: fee permissible; defendant previously submitted DNA sample | Fee not authorized if already submitted | DNA fee vacated under Marshall; requirement not applicable here |
| Court-system and other ancillary fees presentence credit | Fees may be imposed; some may be improper | Some fees improperly assessed or not properly credited | $5 court system fee and $200 DNA assessment vacated; defendant awarded $40 presentence credit; overall monetary judgment reduced to $335 |
Key Cases Cited
- People v. Carter, 213 Ill.2d 295 (Ill. 2004) (ambiguous statute; one-act, one-crime considerations; held no clear unit of prosecution for firearm and ammunition under pre-amendment law)
- People v. Manning, 71 Ill.2d 132 (Ill. 1978) (simultaneous possession of multiple controlled substances treated as single offense absent contrary statute)
- People v. Marshall, 242 Ill.2d 285 (Ill. 2011) (DNA analysis fee authorized only for non-database-registered offenders; controls fee viability)
- Jones v. People, 397 Ill.App.3d 651 (Ill. App. 2009) (prior version of county medical costs fund; fee applicability to arrestees)
- Hubbard v. People, 404 Ill.App.3d 100 (Ill. App. 2010) (previous fund and fee interpretations for arrestee medical costs)
- Lee v. People, 379 Ill.App.3d 533 (Ill. App. 2008) (suggested interpretation under amended statute; not controlling here)