People v. Warren
2016 IL App (4th) 120721-B
| Ill. App. Ct. | 2016Background
- Defendant Joseph Warren was arrested after a traffic stop and a subsequent search of a Red Roof Inn room he had rented; police recovered a .25-caliber handgun (with defendant's DNA on the grip), drug-packaging materials, a digital scale, and 17 individually wrapped bags of crack cocaine (4.6g) in the hotel room plus 2.6g of cocaine later recovered from the codefendant Rosas's body.
- Rosas (admitted crack addict and codefendant) gave multiple, inconsistent statements implicating Warren in drug packaging and instructing her to conceal drugs; she also executed an affidavit supporting a search warrant and testified at trial while hoping for leniency.
- A jury convicted Warren of (1) unlawful possession with intent to deliver a controlled substance (Class 1) and (2) unlawful possession of a weapon by a felon (Class 3).
- The trial court sentenced Warren to 30 years (count I) and a concurrent 10 years (count II), awarded 145 days' presentence credit, and ordered various fines/assessments; the circuit clerk later entered a large number of additional statutory fines/fees.
- On initial appeal this court affirmed in part, vacated in part, and remanded for matters relating to fines/fees and credits; the Illinois Supreme Court then issued a supervisory order directing reconsideration in light of People v. Castleberry, and this opinion readdresses sufficiency, fines/fees, DNA fee, and credit issues.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Warren) | Held |
|---|---|---|---|
| Sufficiency of evidence for possession with intent to deliver | Circumstantial evidence (exclusive control of rented room, packaging for sale, scale, baggies, ammo, gun with defendant's DNA) plus Rosas’s testimony supports conviction | Conviction rests entirely on incredible, inconsistent testimony of addict/codefendant Rosas and therefore is insufficient | Affirmed conviction: evidence (constructive possession, packaging for sale, paraphernalia, gun) permitted rational jury to find guilt beyond reasonable doubt |
| Whether circuit clerk improperly imposed statutory fines/fees (duplicates and fines vs. fees; clerks lack authority to impose fines) | Many assessments were statutory; State concedes some duplicates and DNA fee errors but argued clerk-imposed items are valid | Clerk improperly imposed fines; duplicate assessments unlawful; sentencing court must impose fines as part of sentence | Court vacated fines improperly imposed by clerk, distinguished which assessments are fines vs. fees, directed remand for trial court to reimpose mandatory fines (but limited by Castleberry re: increasing penalties demanded by State) |
| Validity of $250 DNA analysis fee assessed by clerk | DNA fee is proper where defendant not already in DNA database | Warren had previously submitted DNA; clerk nonetheless assessed the fee | Vacated: record showed Warren had earlier submitted DNA (2005); fee may be ordered only if defendant not already registered |
| Presentence custody credit days | State relied on bond revocation date and PSI; argued no extra credit beyond 145 days | Warren sought 2–3 additional days credit (and related monetary credit) for specific jail days | Affirmed 145 days' credit and $725 monetary credit where record lacks showing defendant surrendered on the instant charges for the disputed days; additional 3-day claim not supported by record or statute |
Key Cases Cited
- People v. Castleberry, 43 N.E.3d 932 (Ill. 2015) (abolished "void sentence" rule; appellate courts cannot increase sentences at State's request)
- People v. Smith, 708 N.E.2d 365 (Ill. 1999) (standards for reversing convictions on sufficiency grounds when chief witness is weak)
- People v. Wheeler, 871 N.E.2d 728 (Ill. 2007) (standard of review for sufficiency of evidence; deference to jury credibility findings)
- People v. Robinson, 657 N.E.2d 1020 (Ill. 1995) (elements of possession-with-intent and factors proving intent)
- People v. Nettles, 178 N.E.2d 361 (Ill. 1961) (constructive possession and inference of knowledge from control of premises)
- People v. Beverly, 663 N.E.2d 1061 (Ill. App. 1996) (small-quantity delivery convictions require packaging-for-sale plus one additional indicium of delivery)