People v. McCurine, 126 N.E.3d 619

On June 18, 2015, IDOC agents and CPD officers performed a parole compliance check at Nathaniel McCurine’s two‑bedroom apartment and found a .38 semi‑automatic pistol inside an opaque Ziploc bag at the bottom of a laundry basket in the smaller bedroom. McCurine was the only person present when officers entered.
The smaller bedroom lacked furnishings and its closet had no door; the larger bedroom appeared lived‑in with a wardrobe and bed.
McCurine stipulated to two prior qualifying felony convictions before the jury (stipulation omitted the nature of the felonies).
Defense testimony (girlfriend Felicia Adams) was that McCurine shared the apartment with a roommate, David Singleton, who occupied the smaller bedroom where the gun was found and that she had never seen inside that room.
McCurine was convicted by a jury of armed habitual criminal and sentenced to nine years’ imprisonment; he appealed arguing (1) insufficient evidence of constructive possession and (2) the armed habitual criminal statute violated due process as applied by informing the jury of his prior felonies.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of constructive possession	State: evidence (defendant sole occupant, accessible bedroom/closet, motive and time to conceal when police knocked) supports inference of knowledge and control	McCurine: girlfriend’s testimony that roommate occupied the smaller room, no fingerprints on gun, gun concealed under clothes, no direct evidence tying defendant to gun	Conviction affirmed — a rational juror could infer both control and knowledge from circumstantial evidence and defendant’s opportunity/motive to conceal the gun
Due process re: armed habitual criminal statute	State: statute serves legitimate interest in deterring repeat felons from possessing firearms; stipulation limited prejudice	McCurine: labeling him a “habitual” and submitting prior convictions as an element to the jury is prejudicial; trial court should have bifurcated proceedings	Rejected — statute constitutional as applied; disclosure of prior‑felon status was necessary and the stipulation minimized unfair prejudice

Woods v. People, 214 Ill. 2d 455 (sufficiency‑of‑evidence standard on review)
Jackson v. People, 232 Ill. 2d 246 (deference to jury on credibility and weight)
Frieberg v. Kolodziejski, 147 Ill. 2d 326 (constructive possession requires intent and capability to maintain control)
Old Chief v. United States, 519 U.S. 172 (fact of prior conviction is relevant and admissible)
Macias v. People, 299 Ill. App. 3d 480 (insufficient evidence where defendant did not reside at premises where contraband found)
Wolski v. People, 27 Ill. App. 3d 526 (insufficient evidence where State conceded another resident occupied premises)
Walker v. People, 211 Ill. 2d 317 (stipulation to prior conviction minimizes unfair prejudice)