People v. Anthony
951 N.E.2d 507
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 a merged aggravated unlawful use conviction, with concurrent six-year sentences.
- Two counts were based on possession of a handgun and ammunition found in a vehicle; the handgun was observed by a Chicago officer and later recovered.
- The owner of the vehicle, Derrick Harris, testified he and Anthony were together that night and that Harris owned the gun and ammunition found in the vehicle.
- The trial court accepted the convictions based on simultaneous possession of a firearm and ammunition; one conviction for unlawful possession by a felon survived merger, the other merged into it.
- Anthony challenged whether the statute permits multiple convictions for simultaneous possession of a loaded firearm and ammunition, arguing Carter controls to prohibit such multiple counts.
- The appellate court addressed fines, fees, and presentence credits, including DNA analysis fee, court system fee, court services fee, county jail medical fund fee, mental-health fee, and CAC assessment, and adjusted restitution via mittimus correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May there be multiple convictions for simultaneous possession of a firearm and ammunition? | People argued statute allows separate violations for firearm and ammunition. | Anthony argued Carter prohibits multiple convictions for a loaded firearm's ammunition inside it. | Yes; multiple convictions permitted under the amended statute. |
| DNA analysis fee proper where defendant previously submitted DNA sample? | State contends fee applies regardless of prior sampling. | Defense contends one-time fee; no repeat assessment. | Fee properly assessed; not subject to presentence credit. |
| Whether the $5 court system fee must be vacated when offenses are not Vehicle Code violations? | State argues fee applies to applicable convictions. | Fee should apply only to Vehicle Code violations or similar offenses. | Vacate the $5 court system fee. |
| Whether the 5-1103 court services/5-1103 fee, jail medical, mental-health, and CAC fees are proper and creditable? | State justified these fees as proper costs or fines. | Some fees were improper or incorrectly credited against fines. | Fees properly assessed (court services, jail medical), mental-health and CAC treated as fines eligible for presentence credit; mittimus adjusted to reflect $40 in credits. |
Key Cases Cited
- People v. Carter, 213 Ill.2d 295 (2004) (ambiguous unit of prosecution; legislative amendment clarifies multiple offenses.)
- People v. Manning, 71 Ill.2d 132 (1978) (one-act, one-crime limitations on simultaneous possession.)
- People v. Graves, 235 Ill.2d 244 (2009) (distinguishes fines vs fees vs costs; compensatory nature.)
- People v. Jones, 223 Ill.2d 569 (2006) (DNA fee not subject to credits; compensatory purpose.)
- People v. Hubbard, 404 Ill.App.3d 100 (2010) (DNA samples and fees may be assessed after prior convictions.)
- People v. Adair, 406 Ill.App.3d 133 (2010) (court services fees upheld despite offense not listed; broad statutory purpose.)
- People v. Williams, 405 Ill.App.3d 958 (2010) (affirmed fee structures for DNA-related costs.)
- People v. Lee, 379 Ill.App.3d 533 (2008) (suggests multi-conviction implications under amended statute (context).)