People v. McIntyre
962 N.E.2d 1108
Ill. App. Ct.2011Background
- McIntyre, a convicted felon, was charged with unlawful possession of a weapon by a felon and possession of a weapon without a FOID after accompanying non-felon Garcia to a Rockford bar on Oct. 12, 2008.
- Garcia carried a firearm concealed in his pants; he testified he did not tell McIntyre about the gun and did not show it to him.
- Shots were fired from the Suburban in front of Spring Starks' home; Starks described a weapon being displayed and fired from the Suburban but stated no one exited the vehicle during the incident.
- Officer Geiken stopped the Suburban, observed a gun protruding from under the front-passenger seat, and Garcia admitted he had shoved the gun under the seat after leaving Starks' home.
- Garcia later admitted lying to police about the gun and about his plans; he pleaded guilty to related offenses under a plea agreement.
- The jury found McIntyre guilty under accountability and constructive possession theories; the trial court merged the FOID conviction into the felon-possession conviction and sentenced McIntyre to three years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was McIntyre proved guilty under accountability? | Chirchirillo requires a felonious principal; Garcia lacked prior felon status. | State proved Garcia's role and McIntyre's facilitation. | No, not proved beyond a reasonable doubt under accountability. |
| Was McIntyre proved guilty under constructive possession? | Control over the weapon could be inferred from proximity and involvement. | McIntyre did not have immediate and exclusive control over the weapon. | No, not proved beyond a reasonable doubt under constructive possession. |
| May the FOID-less possession conviction stand after reversal of felon-possession? | Possession existed, supporting the FOID conviction. | State failed to prove possession of the weapon. | No, FOID conviction cannot stand; both convictions reversed. |
Key Cases Cited
- People v. Chirchirillo, 393 Ill.App.3d 916 (2009) (accountability requires prima facie principal and facilitation evidence)
- People v. Gibson, 403 Ill.App.3d 942 (2010) (Gibson addresses accountability; cited in relevant context)
- People v. Day, 51 Ill.App.3d 916 (1977) (possession requires actual or constructive control)
- People v. Givens, 237 Ill.2d 311 (2010) (joint possession requires control or ability to exercise control)
- People v. Seibech, 141 Ill.App.3d 45 (1986) (knowingly possess weapon to be guilty of unlawful possession without FOID)
- People v. Hampton, 358 Ill.App.3d 1029 (2005) (sufficiency review standard for challenging evidence)
- Collins v. City of Chicago, 106 Ill.2d 237 (1985) (standard for reviewing sufficiency of evidence)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard from Supreme Court)