People v. Smith
2017 IL App (1st) 161231
| Ill. App. Ct. | 2017Background
- On Dec. 18, 2013 police (and Secret Service agents) searched Jerome Smith’s home after an informant tipped them off and found marijuana, counterfeit currency, and machinery; Smith admitted using the equipment to make counterfeit bills.
- Smith was charged in Cook County with possession of marijuana and pled guilty on May 29, 2014; he received probation.
- Federal prosecutors declined to pursue counterfeiting charges. The Cook County State’s Attorney initially did not pursue further charges.
- On June 9, 2015 the Illinois Attorney General obtained a grand jury indictment charging Smith with manufacturing counterfeit currency based on the items and Smith’s admission from the 2013 search.
- Smith moved to dismiss the counterfeiting indictment under the compulsory joinder statute (720 ILCS 5/3-3). The trial court granted dismissal; the State appealed.
- The appellate court, applying People v. Hunter, affirmed, holding the new charge was barred as piecemeal prosecution under the compulsory joinder statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counterfeiting indictment is barred by compulsory joinder (720 ILCS 5/3-3) when related evidence was known at the time of the marijuana prosecution | The counterfeiting conduct (printing Sept–Dec 2013) is a separate act from possession of marijuana on Dec. 18, 2013, so separate prosecution is permitted | Because the counterfeiting-related items and Smith’s admission were discovered in the same search and known to prosecutors when the marijuana case began, the offenses are the “same act” and must be prosecuted together | Affirmed dismissal: applying Hunter, the later counterfeiting indictment was barred as piecemeal prosecution under the compulsory joinder statute |
Key Cases Cited
- People v. Hunter, 2013 IL 114100 (interpreting "act" under compulsory joinder and barring successive prosecutions for contraband discovered in same search)
- People v. Quigley, 183 Ill. 2d 1 (legislative purpose of compulsory joinder is to prevent piecemeal prosecutions and prosecutorial harassment)
- First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128 (considering appeal on appellee-brief absence)