People v. Faulkner, 2017 IL App (1st) 132884

Background

On July 14, 2012, parole officers conducted a compliance check at 5210 S. Morgan; in the attic they found a loaded .223-caliber assault rifle and boxes of ammunition and arrested Dorian Faulkner, who lived alone in the first-floor unit.
Faulkner was charged with one count of being an armed habitual criminal (AHC) and two counts of unlawful use/possession of a weapon by a felon (UUWF). AHC was predicated on two prior felonies: a 2008 aggravated unlawful use of a weapon (AUUW) conviction and a 2009 manufacture/delivery conviction.
At bench trial officers testified the rifle was partially exposed near the attic entrance, nothing obscured it, and no one else was present; Faulkner made post‑arrest statements suggesting awareness/need for the gun.
Defense witness (great‑aunt Patricia) testified others had keys and items had been stored in the attic before Faulkner moved in; she denied knowing of the gun and appeared physically limited.
Trial court found Faulkner guilty of AHC and UUWF and sentenced him to six years; on initial appeal this court vacated the AHC conviction based on People v. Aguilar but affirmed the UUWF convictions. The Illinois Supreme Court’s McFadden decision prompted reconsideration.
On reconsideration the appellate court, following McFadden and Perkins, reinstated the AHC conviction and affirmed both AHC and UUWF convictions, and held the evidence supported constructive possession.

Issues

Issue	Plaintiff's Argument (People)	Defendant's Argument (Faulkner)	Held
1) Whether Faulkner’s 2008 AUUW conviction (grounded in a statute later held unconstitutional in Aguilar) may serve as a predicate for AHC	The prior AUUW conviction remained a valid, uncatalogued judgment at the time of Faulkner’s offense and thus could be used as an AHC predicate (McFadden/Lewis reasoning)	The AUUW statute was facially unconstitutional per Aguilar so the 2008 conviction is void and cannot serve as a predicate for AHC; AHC requires valid enumerated prior convictions	Held: Predicate conviction may be used. Court followed McFadden and Perkins: an unvacated prior conviction, even if later subject to invalidation, can serve as a predicate for AHC.
2) Whether the State proved constructive possession of the firearm and ammunition beyond a reasonable doubt	The evidence (location in attic accessible from Faulkner’s unit, his living alone on first floor, the rifle’s obvious placement, and Faulkner’s incriminating post‑arrest statements) supports knowledge and exclusive control, satisfying constructive possession	The attic was accessible to others; items pre‑existed Faulkner’s move; no physical forensic link (e.g., fingerprints); statements were ambiguous—insufficient to prove exclusive control and knowledge	Held: Sufficient. Court concluded a rational trier of fact could infer knowledge and exclusive control from circumstantial evidence and Faulkner’s statements, so UUWF and AHC possession elements were proven.

Key Cases Cited

People v. McFadden, 2016 IL 117424 (Illinois Supreme Court) (an unvacated prior AUUW conviction may serve as predicate for UUWF/AHC)
Lewis v. United States, 445 U.S. 55 (United States Supreme Court) (a constitutionally infirm but unvacated prior felony conviction operates as a firearm disability until vacated)
People v. Aguilar, 2013 IL 112116 (Illinois Supreme Court) (held certain AUUW statutory provisions unconstitutional under the Second Amendment)
People v. Perkins, 2016 IL App (1st) 150889 (Appellate Court) (applied McFadden to uphold an AHC conviction predicated on an AUUW conviction invalidated by Aguilar)
Montgomery v. Louisiana, 136 S. Ct. 718 (United States Supreme Court) (substantive rules that invalidate convictions are retroactive; discussed by defendant but distinguished by court)
Ex parte Siebold, 100 U.S. 371 (United States Supreme Court) (conviction in violation of a substantive rule is void; cited in defendant’s argument but not found to preclude McFadden’s result)