2011 IL App (2d) 100889
Ill. App. Ct.2011Background
- Defendant Anthony J. McIntyre, a felon, challenged his convictions for unlawful possession of a weapon by a felon and possession of a weapon without a FOID card.
- Evidence showed Garcia, not a felon, had a firearm and that McIntyre drove Garcia to Starks’ home during a shooting incident.
- Garcia testified McIntyre did not know about the gun; Garcia later admitted lying to police.
- Gun was found under the front-passenger seat in the Suburban; McIntyre claimed he did not know about the gun and that Garcia acted independently.
- The trial court merged the FOID-card conviction into the felon-in-possession conviction and McIntyre appealed on sufficiency of the evidence under accountability and constructive possession theories.
- Court reversed McIntyre’s convictions, holding insufficient evidence under both accountability and constructive possession theories to prove unlawful possession by a felon.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the State prove McIntyre guilty as an accomplice? | State contends McIntyre aided Garcia. | McIntyre did not knowingly participate. | No; accountability theory fails. |
| Was McIntyre guilty under a constructive possession theory? | State argues McIntyre had control/possession. | McIntyre lacked immediate and exclusive control. | No; constructive possession not proven. |
| Was McIntyre guilty beyond a reasonable doubt for unlawful possession by a felon? | Evidence supports guilty beyond reasonable doubt. | Evidence does not prove guilt beyond a reasonable doubt. | Not proven beyond a reasonable doubt. |
| Should the FOID-card conviction stand if the felon-possession conviction is reversed? | FOID conviction stands independently. | FOID conviction must merge or be vacated. | FOID conviction cannot stand after reversal of felon-possession. |
Key Cases Cited
- People v. Chirchirillo, 393 Ill. App. 3d 916 (2009) (accountability requires a prima facie case against the principal and proof of solicitation or aid by the defendant)
- People v. Gibson, 403 Ill. App. 3d 942 (2010) (abeyance not granted; Chirchirillo controls on accountability issues)
- People v. Hampton, 358 Ill. App. 3d 1029 (2005) (sufficiency review; constructive possession requires control over the contraband)
- People v. Day, 51 Ill. App. 3d 916 (1977) (possession is not merely knowledge of location; proximity is insufficient)
- People v. Given, 237 Ill. 2d 311 (2010) (joint possession requires defendant’s control or ability to control contraband)
- People v. Seibech, 141 Ill. App. 3d 45 (1986) (knowingly possess either actually or constructively)
- People v. Collins, 106 Ill. 2d 237 (1985) (standard for sufficiency; standard Jackson v. Virginia)