People v. Harris
2012 IL App (1st) 100077
Ill. App. Ct.2012Background
- Harris was convicted at a bench trial of three counts of aggravated unlawful use of a weapon (AUUW) and sentenced to 12 months’ probation; he was acquitted on count II; counts I, III, IV involved different AUUW theories.
- Count I: firearm knowingly carried in a vehicle, uncased, loaded, and immediately accessible.
- Count II: alleged lack of a valid FOID card; Harris had a FOID and was acquitted on this count.
- Count III: firearm possessed on or about Harris’s person on a public street, uncased, loaded, and immediately accessible; corpus delicti concerns.
- Count IV: firearm possessed on or about Harris’s person on a public street with no valid FOID; the State pursued multiple AUUW theories.
- The center console in Harris’s car contained the gun; the gun was later found in the console and reported as having six live rounds; Harris had a valid FOID on his person at the time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether count IV should stand given Harris had a valid FOID | People contends lack of FOID supported IV | Harris contends IV misstates lack of FOID | Count IV vacated |
| Whether count I was properly proven given encased gun | People argues center console is a case; gun encased | Harris argues not proven immediately accessible | Count I reversed due to lack of proof of immed. accessible and loaded beyond a reasonable doubt |
| Whether count III is proven beyond corpus delicti | State relies on Harris’s statement corroborated by anonymous witness | Lesure limits corroboration; anonymous hearsay insufficient | Count III vacated for lack of corroboration of corpus delicti |
| Whether AUUW statute is unconstitutional as applied | State asserts constitutionally valid statute | Harris argues Second Amendment protection | Not reached on this appeal due to disposition on counts I–IV |
| Whether the $5 court system fee should be vacated | Statute applies only to Vehicle Code violations | N/A | Vacate $5 fee |
Key Cases Cited
- People v. Holmes, 241 Ill. 2d 509 (2011) (encased gun in a vehicle falls within 'case' under AUUW)
- People v. Diggins, 235 Ill. 2d 48 (2009) (center console as a 'case')
- People v. Lesure, 271 Ill. App. 3d 679 (1995) (hearsay to corroborate corpus delicti must be more than mere police report)
- People v. Anderson, 42 Ill. App. 3d 1040 (1976) (extrinsic evidence can prove corpus delicti when corroborating admissions)
- People v. Sargent, 239 Ill. 2d 166 (2010) (corpus delicti requires corroboration of confession)
- People v. Furby, 138 Ill. 2d 434 (1990) (corpus delicti cannot rest solely on defendant’s statement)
- People v. Cloutier, 156 Ill. 2d 483 (1993) (corroboration may suffice to prove crime with confession)
- Banks, 378 Ill. App. 3d 856 (2007) (hearsay evidence without objection has probative value but limited)