People v. Howard
2014 IL App (1st) 122958
Ill. App. Ct.2014Background
- Howard was convicted of possession of a controlled substance and four counts of unlawful use of a weapon by a felon (UUW); he received four concurrent 10-year terms with 3 years of MSR.
- Counts IV and V (UUW) were initially acquitted due to the State’s failure to prove parole status; this acquittal was later rescinded at sentencing when parole status was revealed.
- The State moved to revisit the acquittals at sentencing; the court changed the verdict to guilty on all four UUW counts and considered parole status for Class 2 sentencing, raising concerns of double jeopardy.
- Two convictions (counts IV and V) were vacated for double jeopardy, and the case was remanded for resentencing on the remaining Class 3 UUW convictions.
- The appeal challenged double jeopardy, double enhancement, one-act/one-crime concerns, multiple convictions for a loaded gun, and certain fees and fines; the court remanded for resentencing and fee adjustments.
- The final disposition: judgments vacated in part (two Class 2 UUW counts), remaining convictions affirmed, and remanded for resentencing and readjustment of fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy from acquittal later converted to conviction | Howard | State | Counts IV–V vacated; remanded for resentencing on remaining counts |
| Double enhancement and use of parole status for sentencing | Howard | State | Court did not reach further double‑enhancement issues; double jeopardy applies to remand here |
| One‑act, one‑crime concerns with UUW counts | Howard | State | Anthony control allows multiple UUW convictions from same act; affirmed remaining UUW convictions |
| Multiple convictions for a loaded firearm and ammunition | Howard | State | Section 24‑1.1(e) permits multiple convictions for weapon and ammunition; two remaining convictions upheld |
| Fees and costs adjustments on remand | Howard | State | Direct to readjust fees; $85 total reduction ordered; other service fees addressed |
Key Cases Cited
- People v. Carter, 213 Ill. 2d 295 (2004) (interpretation of 24‑1.1(e) regarding separate violations for firearm and ammunition)
- People v. Anthony, 2011 IL App (1st) 091528-B (2011) (amendment to 24‑1.1(e) allowing multiple convictions for firearm containing ammunition)
- People v. Williams, 2011 IL App (1st) 091667-B (2011) (fee assessment in criminal cases; court services fee applicability)
- People v. Gray, 214 Ill. 2d 1 (2005) (double jeopardy protections in Illinois and U.S. contexts)
- Cervantes v. People, 2013 IL App (2d) 110191 (2013) (plain error/jeopardy analysis; substantial rights)