People v. Spencer
2012 IL App (1st) 102094
Ill. App. Ct.2012Background
- Defendant Terrence Spencer was convicted after a bench trial of unlawful use of a weapon (UUW) by a felon.
- Search of his residence at 2101 South 12th Avenue in Maywood, Illinois, following a warrant, yielded a loaded revolver, ammunition, and other items linking him to the residence.
- Three live rounds of .357 ammo and a revolver were found in the third bedroom’s dresser area with substantial cash nearby; identification, probation letter, keys, and photos linked to Spencer were recovered in the same vicinity.
- Defendant fled from the living room toward the back of the house upon entry, and statements he made during/after the search related to money and needing a gun were noted by the court.
- The State introduced Spencer’s prior felony conviction (aggravated unlawful use of a weapon) and other circumstantial evidence to support residence and possession.
- The trial court concluded Spencer lived at the house and possessed the firearm and ammunition; the sentence was three years with a boot camp recommendation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves constructive possession beyond a reasonable doubt | Spencer | Spencer | Yes; sufficient evidence supported constructive possession beyond a reasonable doubt. |
| Whether UUW statute violates the Second Amendment as applied or on its face | State | Spencer | Statute is substantially related to an important governmental interest and does not violate the Second Amendment. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review: rational trier of fact could convict)
- People v. Cunningham, 309 Ill. App. 3d 824 (1999) (constructive possession framework; habitation as evidence of control)
- People v. McCarter, 339 Ill. App. 3d 876 (2003) (constructive possession, knowledge and control required)
- Heller, 554 U.S. 570 (U.S. 2008) ( Second Amendment framework; felon prohibitions acknowledged)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) ( Second Amendment incorporation and limits on bans)
- People v. Robinson, 2011 IL App (1st) 100078 (2011) (intermediate scrutiny for felon UUW statute)
- People v. Mimes, 2011 IL App (1st) 082747 (2011) (intermediate scrutiny application to UUW)
- People v. Davis, 408 Ill. App. 3d 747 (2011) (upholds UUW’s societal interest)
- People v. Jones, 223 Ill. 2d 569 (2006) (due process/deference in constitutional challenges)