People v. Williams
2011 IL App (1st) 091667-B
Ill. App. Ct.2011Background
- Omar Williams was convicted in a bench trial of multiple AUUW and a felon-in-possession; counts merged into one AUUW conviction and he was sentenced to five years with 308 days credit; costs totaling $715 were assessed.
- On appeal Williams challenged the constitutionality of the AUUW and felon-in-possession statutes under the Second Amendment and challenged several assessed fines and fees.
- The incident evidence showed a stranger attack with a handgun on August 14, 2008, with $30 taken; a chrome 9-mm handgun was recovered; robbery charges were acquitted, but AUUW/felon charges stood.
- This court previously affirmed and modified the costs in 2010, and the Illinois Supreme Court issued a supervisory order directing reconsideration in light of Marshall (2011).
- On rehearing, the court again affirmed the conviction and sentence but remanded for modification of mittimus and adjustments to costs and pretrial incarceration credit; DNA fee was vacated in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AUUW and felon-in-possession statutes violate the Second Amendment. | Williams contends the statutes infringe the Second Amendment. | Williams argues Heller/McDonald extend to invalidate these statutes. | Statutes constitutional; no Second Amendment violation. |
| Whether the assessed fines and fees are proper as costs or fines for pretrial credit purposes. | Defendant argues certain fees are fines and warrant pretrial credit. | State contends fees are proper costs. | Vacate certain fees as fines; allow presentence credit for those fines. |
| Whether the $200 DNA analysis fee is properly imposed given Marshall. | Defendant asserts prior DNA sampling precludes new fee. | State maintains fee applies per statute regardless of prior sample. | Vacate the $200 DNA analysis fee. |
| Whether the court services fee was properly assessed against Williams. | Challenge that fees apply only to enumerated convictions. | Argues statute authorizes such fee upon conviction generally. | Court services fee properly imposed. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. Supreme Court 2008) (held the handgun possession in the home is protected; limits apply outside home)
- McDonald v. City of Chicago, 561 U.S. 742 (U.S. Supreme Court 2010) (incorporation of Second Amendment to states; limitations on bans)
- People v. Dawson, 403 Ill. App. 3d 499 (Ill. App. 2010) (AUUW constitutionality under Illinois law remains rational-basis)
- People v. Marshall, 242 Ill. 2d 285 (Ill. 2011) (DNA analysis fee analysis; applies when not already registered in DNA database)
- United States v. Williams, 616 F.3d 685 (7th Cir. 2010) (intermediate scrutiny, firearms by felons under certain regimes)