2018 IL App (4th) 150871
Ill. App. Ct.2018Background
- In Jan 2015 Jeremi R. Stevens waved a handgun inside his car at a semitruck driver on I-74; police arrested him and found a loaded handgun in the glove compartment.
- State charged Stevens with aggravated unlawful use of a weapon under 720 ILCS 5/24-1.6(a)(1) and (a)(3)(A-5) (carrying an uncased, loaded, readily accessible firearm in a vehicle without a concealed carry license) and a related count alleging he pointed the gun (count II).
- Before trial the State moved in limine to admit a certified Illinois State Police document showing Stevens had a FOID card but no concealed-carry license; defense counsel did not object (reserved relevance only) and the document was admitted.
- At trial the State presented witness testimony about the gun display and the officer’s discovery of the handgun; the court dismissed count II at the instruction conference for lack of proof of pointing and the jury convicted on count I.
- Stevens was sentenced to 24 months’ probation and appealed, raising (1) facial challenge to the Firearm Concealed Carry Act (fee allocation), (2) ineffective assistance for counsel’s failure to view/raise issues about a videotaped admission, (3) ineffective assistance for failure to object to certified report/testimonial hearsay, and (4) challenge to several clerk assessments.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Stevens) | Held |
|---|---|---|---|
| Facial constitutionality of the Firearm Concealed Carry Act fee allocation | Fee allocations serve legitimate administrative/enforcement purposes and defray licensing costs | The $300 nonresident fee (and its allocation to multiple funds) is facially unconstitutional because funds are unrelated to licensing administration | Court upheld Act; allocations reasonably relate to administration/enforcement and defendant failed to overcome presumption of constitutionality |
| Counsel’s failure to view videotaped admission | Even if counsel did not watch tape, same substance was presented via officer testimony and other evidence; no prejudice | Counsel’s ignorance of videotape limited defense preparation and effectiveness | No ineffective assistance; other evidence conveyed same admission and no reasonable probability of different result |
| Counsel’s failure to object to certified FOID/CCL report (Confrontation Clause) | Defense waived objection by affirmatively declining to object; the information was also in officer testimony and would have been provable by calling custodian | Admission of certified report/testimonial hearsay violated 6th Amendment confrontation rights; counsel ineffective for not objecting | No ineffective assistance; counsel invited the error/waived objection and defendant showed no prejudice; Confrontation claim fails |
| Challenge to clerk-imposed assessments/fines | N/A (People defend final judgment and costs) | Clerk improperly recorded several assessments; they should be vacated | Appellate court lacks jurisdiction to review clerk’s ministerial recording of assessments under People v. Vara; issue not reviewable here |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (individual right to possess and carry arms)
- McDonald v. City of Chicago, 561 U.S. 742 (Fourteenth Amendment incorporates Second Amendment against the States)
- Cox v. New Hampshire, 312 U.S. 569 (licensing fees permissible to defray administrative costs)
- Crawford v. Washington, 541 U.S. 36 (testimonial hearsay and confrontation clause requirements)
- Strickland v. Washington, 466 U.S. 668 (two-pronged test for ineffective assistance of counsel)
- People v. Rosenberg, 213 Ill. 2d 69 (limits on defendant’s testimonial choices and impeachment)
- People v. Vara, 2018 IL 121823 (appellate courts lack jurisdiction to review clerk’s ministerial recording of fines)
- Ezell v. City of Chicago, 651 F.3d 684 (framework for Second Amendment scrutiny)
- Kwong v. Bloomberg, 723 F.3d 160 (First Amendment fee jurisprudence as guide for Second Amendment fee claims)
- National Awareness Foundation v. Abrams, 50 F.3d 1159 (licensing fees must defray administration/enforcement costs)