People v. Warren
16 N.E.3d 13
| Ill. App. Ct. | 2014Background
- Defendant Warren was charged with unlawful possession with intent to deliver crack cocaine and unlawful possession of a weapon by a felon after a traffic stop and hotel-room search in Champaign County.
- Police observed Warren at the Red Roof Inn, and a gun was recovered from Kimberly Rosas, with Rosas later admitting Warren carried the gun to the car.
- Rosas told police Warren ran a drug operation from the hotel room, including distributing crack cocaine packaged for sale using a scale and bags.
- Several items linking to drug dealing and weapon possession were found in the hotel room and in Rosas's handbag, including cocaine, a digital scale, baggies, and ammunition.
- DNA analysis linked Warren to the handgun; cocaine found in the hotel room weighed 4.6 grams and 2.6 grams were found in Rosas’s body, concealed in her vagina.
- At trial, Rosas testified against Warren with inconsistencies; Warren claimed Rosas acted for leniency and that he was not a drug dealer or gun owner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for possession with intent to deliver | Warren | Warren | Affirmed: evidence supports knowledge, possession, and intent to deliver |
| Whether fines/fees were properly imposed on each count | State | Warren | Remanded to determine and reimpose proper fines/fees per count; some clerk-imposed fines void |
| Classification of fines vs. fees and clerical authority | State | Warren | Vacate improper clerical impositions; fines must be imposed by the judge |
| Time credits and monetary credit decisions | State | Warren | Affirm credit award; remand to finalize calculations and ensure proper credits |
Key Cases Cited
- People v. Wheeler, 226 Ill. 2d 92 (Ill. 2007) (standard for sufficiency review; credibility of witnesses considered)
- People v. Robinson, 167 Ill. 2d 397 (Ill. 1995) (possession and knowledge elements in drug cases)
- People v. Nettles, 23 Ill. 2d 306 (Ill. 1961) (constructive possession and knowledge inference)
- People v. Beverly, 278 Ill. App. 3d 794 (Ill. App. 1996) (drug-for-delivery inference when packaged for sale plus extra factors)
- People v. Alghadi, 2011 IL App (4th) 100012 (Ill. App. 4th 2011) (issue of duplicative fines/fees within a single case)
- People v. Larue, 2014 IL App (4th) 120595 (Ill. App. 4th 2014) (duplicate fines/fees per case analysis; clerk authority limits)
- People v. Jones, 223 Ill. 2d 569 (Ill. 2006) (distinction between fines vs. administrative assessments)
- People v. Millsap, 2012 IL App (4th) 110668 (Ill. App. 4th 2012) (drug-court and related fines as fines, not fees, when not in drug court)
- People v. Marshall, 242 Ill. 2d 285 (Ill. 2011) (DNA analysis fee imposition limits; when to apply)
- People v. Rexroad, 2013 IL App (4th) 110981 (Ill. App. 4th 2013) (authorities on appellate review of fines/fees)
- People v. Williams, 2013 IL App (4th) 120313 (Ill. App. 4th 2013) (surcharge timing and calculation with VCVA)
- People v. Chester, 2014 IL App (4th) 120564 (Ill. App. 4th 2014) (requiring explicit sentencing-imposed fines rather than clerk-imposed)
- People v. Montag, 2014 IL App (4th) 120993 (Ill. App. 4th 2014) (remand for reimposition of fines where clerk acted without authority)
- People v. Wynn, 2013 IL App (2d) 120575 (Ill. App. 2d 2013) (juvenile-expungement fine characterization as a fine)
- People v. Unander, 404 Ill. App. 3d 884 (Ill. App. 2010) (drug-court and related fees as fines when not properly enforced)