People v. Smith
2017 IL App (1st) 161231
Ill. App. Ct.2017Background
- On Dec. 18, 2013, police searched Jerome Smith’s home and found marijuana, counterfeit currency, and machinery; Smith signed a statement admitting he used the machinery to make counterfeit bills for several months.
- Smith was charged with possession of marijuana and pled guilty on May 29, 2014; he received probation.
- The U.S. Attorney and Cook County State’s Attorney declined further prosecution; the Illinois Attorney General later sought an indictment for manufacturing counterfeit currency based on the same search evidence.
- A grand jury indicted Smith on June 9, 2015 for manufacturing counterfeit currency (Sept–Dec 2013).
- Smith moved to dismiss under Illinois’s compulsory joinder statute (720 ILCS 5/3-3), arguing the State knew of all offenses when it commenced the marijuana prosecution; the trial court granted dismissal and denied reconsideration.
- The State appealed; the appellate court reviewed statutory construction de novo and affirmed dismissal, applying People v. Hunter’s reasoning to bar successive prosecutions from the same search evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the compulsory joinder statute required the State to charge counterfeiting when it prosecuted Smith for marijuana possession | The State: the counterfeiting (manufacturing over months) is a different "act" than possession of marijuana found on Dec. 18, 2013, so separate prosecution was permitted | Smith: all offenses arose from the same search/occurrence known to prosecutors when the marijuana case began, so compulsory joinder required a single prosecution | The court held the new counterfeiting indictment was barred by the compulsory joinder statute under People v. Hunter; successive prosecution using evidence known at the earlier prosecution was prohibited |
Key Cases Cited
- People v. Hunter, 2013 IL 114100 (Ill. 2013) (interpreting "same act" in compulsory joinder to bar successive prosecutions for multiple items discovered in the same search)
- People v. Quigley, 183 Ill. 2d 1 (Ill. 1998) (explaining legislative purpose of compulsory joinder to prevent piecemeal prosecutions and prosecutorial harassment)
- First Capitol Mortgage Corp. v. Talandis Constr. Corp., 63 Ill. 2d 128 (Ill. 1976) (appellate courts may decide appeals on appellant’s brief when appellee does not file a brief)