People v. Holmes
948 N.E.2d 617
| Ill. | 2011Background
- Holmes, an Indiana resident, was stopped in Chicago; a gun was found in a backseat armrest compartment that was closed and latched.
- Two-count information charged AUUW: count I for uncased, loaded, immediately accessible firearm; count II for possessing without a valid FOID card.
- Motion to suppress was denied; police testified gun located in back armrest, armrest described as closed/latched.
- At trial, Indiana handgun permit was offered to negate count II under FOID Act §2(b)(10); trial court ruled permit irrelevant.
- Jury returned a general verdict of guilty on AUUW; appellate court affirmed.
- This appeal challenges interpretation of the term “case” under AUUW and the applicability of FOID Act exceptions to the AUUW statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the gun was uncased under AUUW §24-1.6(a)(1)(3)(A). | Holmes | Holmes contends the gun was enclosed in a case, not uncased | Count I vacated; gun was enclosed in a case. |
| Whether the FOID Act exception for nonresidents applies to AUUW §24-1.6(a)(1)(3)(C). | Holmes | State argues exceptions do not transfer between statutes | Exception in §2(b)(10) incorporated into AUUW; Indiana permit negates count II. |
| If counts I–II fail, may the conviction be reduced to misdemeanor unlawful use of a weapon? | Holmes | State seeks reduction based on AUUW elements not proven | No reduction; record lacks proof gun loaded and immediately accessible beyond reasonable doubt. |
| Whether the State’s reply-brief argument was properly considered. | Holmes | State moved to strike new argument in reply | State's motion denied as moot; issue resolved on merits. |
Key Cases Cited
- People v. Diggins, 235 Ill.2d 48 (Ill. 2009) (defined case for AUUW purposes and enclosure questions nearby)
- People v. Cardona, 158 Ill.2d 403 (Ill. 1994) (general verdict may stand where one count is valid)
- People v. Hiner, 34 Ill.2d 297 (Ill. 1864) (uniform verdict application across counts)
- People v. Smith, 233 Ill.2d 1 (Ill. 2009) (reaffirmed interpretation of multi-theory murder verdicts; relevance to AUUW verdict)
- People v. Rowell, 229 Ill.2d 82 (Ill. 2008) (reversal with judgment on lesser-included offense possible)
- People v. Knaff, 196 Ill.2d 460 (Ill. 2001) (principle of judgment on lesser-included offenses)