People v. Anthony
2011 IL App (1st) 091528-B
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 based on possession of a handgun and the firearm’s ammunition.
- The weapons were found in a vehicle after Chicago police encountered defendant at the 63rd Street Beach parking lot.
- Officer Ware observed defendant with a handgun, which was later recovered; a backpack behind the rear seat contained magazines and about 96 rounds of ammunition.
- The court merged the aggravated unlawful use of a weapon conviction into the unlawful possession convictions and imposed concurrent six-year terms.
- On appeal, defendant challenged (a) the legality of multiple convictions based on a single loaded firearm, and (b) various fines and fees assessed.
- The Illinois Supreme Court directed this court to reconsider in light of People v. Marshall, leading to a partial vacation of fees and a mittimus correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the statute permits separate convictions for firearm and ammunition | People argue the statute 24-1.1(e) authorizes distinct offenses for firearm and ammunition | Anthony argues Carter ambiguity forbids separate conviction based on ammunition | Yes; multiple convictions permitted |
| Whether Carter creates ambiguity that requires vacating a conviction for the loaded firearm | Carter ambiguity requires vacating one conviction | Carter dictates single offense for a loaded gun unless amended | No; statute clear and unambiguous; no vacatur required |
| DNA analysis fee imposition after prior DNA submission | DNA fee was properly assessed under 5-4-3 | Fee should be void if previously ordered to submit DNA sample | Vacated the $200 DNA fee under Marshall |
| Court system fee imposition under 55 ILCS 5/5-1101(a) | Fee applies only to Vehicle Code violations or local ordinances | Constitutional interpretation allowed broader application | Vacated the $5 court system fee |
| Court services fee, medical fund fee, and presentence credits | Fees properly imposed; presentence credits not applicable | Some fees improper or misapplied; credits should reduce fines | Court services fee upheld; county jail medical fund fee upheld; presentence credits for mental health and CAC charges acknowledged; mittimus corrected |
Key Cases Cited
- People v. Carter, 213 Ill. 2d 295 (2004) (ambiguous unit of prosecution; loading ammunition case context; Carter governs one-act, one-crime considerations)
- People v. Manning, 71 Ill. 2d 132 (1978) (initial guidance on multi-offense conviction for simultaneous possession)
- People v. Marshall, 242 Ill. 2d 285 (2011) (recent DNA-fee framework; whether fee applies if already registered in DNA database)
- People v. Lee, 379 Ill. App. 3d 533 (2008) (footnote suggestion about multi-offense implications under amended statute)
- People v. Collins, 214 Ill. 2d 206 (2005) (statutory interpretation; use of extrinsic aids when ambiguous)