2024 IL App (4th) 240192-U
Ill. App. Ct.2024Background
- Defendant Michael D. Stokich was convicted by a jury of unlawful possession of a weapon by a felon, after being found with a loaded handgun under a couch in an apartment where he was staying.
- Stokich had a prior felony conviction and was also charged with possessing a firearm without the required FOID card; the convictions were merged for sentencing.
- The primary witness, Melissa Boyce, testified to being in fear of Stokich, that he informed her by text he had found her gun, and the gun was later found under the couch where he had been sleeping.
- The trial court sentenced Stokich to seven years’ imprisonment, taking into account his criminal history and the circumstances of the offense.
- On appeal, Stokich challenged the sufficiency of the evidence, the constitutionality of the statute (both facially and as-applied), and the length of his sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the Evidence | Sufficient for reasonable jury belief | Evidence was inconsistent/insufficient | Evidence was sufficient for constructive possession; conviction affirmed. |
| Facial Constitutionality of Felon-in-Possession Statute | Statute constitutional post-Bruen/Rahimi | Statute violates Second Amendment on its face | Statute is constitutional; felon bans are "presumptively lawful" per SCOTUS precedent. |
| As-Applied Constitutionality | Record not sufficiently developed | Statute unconstitutional as applied to nonviolent felons | Forfeited for lack of trial record development; not considered. |
| Excessive Sentence | Properly within statutory range | Disproportionate; failed to consider mitigation | Sentence not excessive; not an abuse of discretion. |
Key Cases Cited
- People v. Collins, 106 Ill. 2d 237 (applying the reasonable doubt standard for sufficiency of evidence)
- People v. Sutherland, 223 Ill. 2d 187 (jury’s role in weighing evidence and credibility)
- District of Columbia v. Heller, 554 U.S. 570 (describing prohibitions on felons possessing firearms as ‘presumptively lawful’ under the Second Amendment)