People v. Ervin

2026 IL App (2d) 250480-U
CourtAppellate Court of Illinois
DecidedJanuary 16, 2026
Docket2-25-0480
StatusUnpublished

This text of 2026 IL App (2d) 250480-U (People v. Ervin) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Ervin, 2026 IL App (2d) 250480-U (Ill. Ct. App. 2026).

Opinion

2026 IL App (2d) 250480-U No. 2-25-0480 Order filed January 16, 2026

NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court OF ILLINOIS, ) of Kendall County. ) Plaintiff-Appellee, ) ) v. ) No. 24-CF-247 ) ANTONIO M. ERVIN, ) Honorable ) Jody P. Gleason, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________

JUSTICE JORGENSEN delivered the judgment of the court. Justices Hutchinson and Schostok concurred in the judgment.

ORDER

¶1 Held: Circuit court’s denial of motion for relief affirmed, where defendant did not establish a change of circumstances justifying release with conditions.

¶2 In 2024, defendant, Antonio M. Ervin, was denied pretrial release under article 110 of the

Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/art. 110 (West 2022)), as amended by

Public Act 101-652 (eff. Jan. 1, 2023). See Pub. Act 102-1104, § 70 (eff. Jan. 1, 2023) (amending

various provisions of Public Act 101-652 (eff. Jan. 1, 2023)). Defendant appealed, and this court

affirmed. People v. Ervin, 2024 IL App (2d) 240489-U. 2026 IL App (2d) 250480-U

¶3 Our mandate issued on October 23, 2024. Thereafter, on June 10, 2025, defendant moved

for relief, asking the circuit court to reconsider his detention. Following a hearing, the court denied

the motion. Defendant appeals, and we again affirm.

¶4 I. BACKGROUND

¶5 A. Petition to Detain and First Appeal

¶6 As they remain relevant to the circuit court’s order at issue in this appeal, we recite the

underlying facts as summarized in our previous decision. Id. ¶¶ 4-13.

¶7 Namely, on August 7, 2024, the State charged defendant by information with unlawful

possession of a controlled substance with intent to deliver 100 grams or more but less than 400

grams of cocaine (720 ILCS 570/401(a)(2)(B) (West 2022) (Class X)), unlawful possession of a

controlled substance (id. § 570/402(a)(2)(B) (Class 1)), unlawful possession of a weapon by a

felon (id. § 5/24.1-1(a) (Class 3)), and possession of a firearm without a Firearm Owner’s

Identification Card (430 ILCS 65/2(a)(1), 14(c)(3) (West 2022) (Class 3)). On August 8, 2024,

the State petitioned to deny defendant pretrial release, arguing that defendant was charged with a

felony and his pretrial release posed a real and present threat to the safety of any person or the

community. 725 ILCS 5/110-6.1(a)(1), (6) (West 2022). Also, the State referenced defendant’s

criminal history and that defendant had pending charges in Kane County (case No. 24-CF-1150)

for unlawful possession of a controlled substance and driving under the influence (DUI) and scored

an 8 (out of 14) on a risk assessment instrument. The State also argued that defendant posed a risk

of not appearing in court.

¶8 The State attached to its petition the police synopsis, which related as follows. On August

7, 2024, at about 7:37 p.m., an Aurora police special operations group executed a search warrant

at the residence at 2930 Heather Lane in Montgomery. (Defendant had been arrested prior to

-2- 2026 IL App (2d) 250480-U

execution of the warrant during a traffic stop after leaving the residence.) During the search of the

residence, police found in a cupboard of a basement bar three bags containing 320.2 grams of a

substance that field-tested positive for cocaine. The street value of the suspected cocaine was

$32,000. Also found in the cupboard were two boxes of plastic sandwich bags (one of which was

opened), two working digital scales (one of which had white residue that field-tested positive for

cocaine), and a glass measuring cup and a plastic cup (both with white residue that field-tested

positive for cocaine). A sign on top of the bar read “Antonio’s Bar.” In a room adjacent to the

basement bar area, police found an Olympic Arms MFR rifle and a Magpul PMag 30 magazine

with five 5.56 millimeter rounds of ammunition. In the upstairs master bedroom closet, police

found a FN Five-Seven 5.7x28 millimeter handgun and a Pro Mag magazine with 33 rounds of

5.7x28 millimeter ammunition. Police collected $6,272 in United States currency from a box in

the upstairs master bedroom closet, along with a traffic citation written to defendant at the

residence and tax documentation for him. On the kitchen counter, police found a Village of

Montgomery utility bill addressed to defendant at the residence.

¶9 Vito McIntee, defendant’s father, arrived during the search and agreed to speak to police.

He lives with defendant at the residence in the basement bedroom. McIntee never observed

firearms or drugs, besides cannabis, in the house. Nor did he know defendant to have any firearms

or drugs. McIntee stated that defendant had been to prison for drugs in the past but thought he was

done dealing drugs.

¶ 10 The State also attached as an exhibit to its petition a pretrial services investigation report.

It related that defendant is not married and has a one-year-old child who resides with him at the

residence. He does not have family living in the Kendall County area. He will drive himself to

future court dates, and records reflected that he had a valid driver’s license. Defendant reported

-3- 2026 IL App (2d) 250480-U

that he was employed with AME Trucking LLC, and his annual income is $100,000. Defendant

had a pending case in Kane County for possession of a controlled substance (other drug-any

amount), DUI (alcohol), and DUI (blood alcohol content .08 or more).

¶ 11 Defendant’s criminal history includes, among others, convictions for: manufacture/deliver

controlled substance-cocaine (2015; 10 years’ imprisonment); three drug-possession offenses

(2010, 2009, and 2007; 30 months’, 72 months’, and 24 months’ imprisonment); and aggravated

battery/harm/peace officer (two in 2008; 3 years’ imprisonment each). A pretrial risk assessment

identified defendant’s level of risk of pretrial misconduct as moderate. The pretrial report also

noted that, based on a review of defendant’s criminal history, defendant missed at least one

previous court date where a warrant was issued. Pretrial services recommended that defendant be

released with pretrial supervision and that the court consider ordering that defendant be placed on

GPS monitoring.

¶ 12 Also included as exhibits to the State’s petition were photographs of the items in the

basement bar cupboard, the FN Five-Seven handgun, and the currency, along with a copy of the

search warrant. The warrant complaint and affidavit related that, in May 2024, police learned from

a confidential informant that defendant was selling cocaine. The informant made three controlled

purchases of cocaine from defendant. The informant met defendant in a parking lot and entered a

black GMC Sierra (which defendant had driven from his residence) to purchase the cocaine, after

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Cite This Page — Counsel Stack

Bluebook (online)
2026 IL App (2d) 250480-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ervin-illappct-2026.