People v. Moore
2014 IL App (1st) 110793-B
Ill. App. Ct.2014Background
- Defendant Tamar Moore was charged by information with two counts of AUUW (Class 2) and one count of unlawful use of a weapon by a felon.
- At bench trial, two Chicago police officers testified Moore possessed a loaded handgun in public and attempted to discard it.
- Officers observed Moore stop near a bush, reach into his waistband, pull out a firearm, discard it, and kick it under the bush; another officer recovered the loaded pistol from the bush.
- The trial court merged counts II and III into count I and sentenced Moore to 3 years 6 months on the Class 2 AUUW offense.
- Moore challenged the sufficiency of the evidence and the constitutionality of AUUW as applied to Class 2.
- This court initially affirmed but vacated and reconsidered after Aguilar; ultimately reaffirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to convict? | Moore argues officers’ testimony was unbelievable. | Moore contends credibility issues render verdict unreliable. | Yes; evidence viewed in prosecution’s light could justify guilt beyond reasonable doubt. |
| Does AUUW Class 2 violate the Second Amendment? | Aguilar invalidates unconstitutional restrictions. | Class 2 should be invalid as applied to Moore. | No; Class 2 AUUW remains constitutional; Aguilar does not affect this conviction. |
Key Cases Cited
- California v. Hodari D., 499 U.S. 621 (U.S. Sup. Ct. 1991) (fleeing suspect may abandon contraband during pursuit)
- United States v. Ryerson, 545 F.3d 483 (7th Cir. 2008) (abandonment of contraband case in Seventh Circuit)
- People v. Comage, 241 Ill. 2d 139 (2011) (dropsy testimony concerns insufficient to doubt credibility)
- In re M.F., 315 Ill. App. 3d 641 (2000) (knock-and-announce credibility considerations)
- People v. Gustowski, 102 Ill. App. 3d 750 (1981) (dropping or concealing contraband credibility issues)
- People v. Hernandez, 278 Ill. App. 3d 545 (1996) (credibility determinations restrained to trial court)
- People v. Evans, 209 Ill. 2d 194 (2004) (standard of review for sufficiency of evidence)
- People v. Aguilar, 2013 IL 112116 (ill. 2013) (class 4 AUUW unconstitutional)
- People v. Burns, 2013 IL App (1st) 120929 (ill. 2013) (Class 2 AUUW constitutional)
- People v. Soto, 2014 IL App (1st) 121937 (ill. 2014) (Class 2 AUUW constitutional as reasonable regulation)