People v. Ingram

907 N.E.2d 110, 389 Ill. App. 3d 897, 329 Ill. Dec. 791, 2009 Ill. App. LEXIS 229
CourtAppellate Court of Illinois
DecidedApril 21, 2009
DocketNo. 2-07-0280
StatusPublished
Cited by53 cases

This text of 907 N.E.2d 110 (People v. Ingram) 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. Ingram, 907 N.E.2d 110, 389 Ill. App. 3d 897, 329 Ill. Dec. 791, 2009 Ill. App. LEXIS 229 (Ill. Ct. App. 2009).

Opinion

JUSTICE JORGENSEN

delivered the opinion of the court:

Following a jury trial, defendant, Edward M. Ingram, was convicted of the unlawful possession of a weapon by a felon (720 ILCS 5/24 — 1.1(a) (West 2006)). Defendant appeals, arguing that (1) the evidence was insufficient to prove beyond a reasonable doubt that he knew a weapon was in the car in which he was a passenger, and (2) the trial court erroneously admitted testimony that the area of defendant’s arrest was known as a high-crime area. We affirm.

On September 28, 2006, Officers Lambrecht and Stien were in an unmarked squad car, patrolling an area of Rockford that Lambrecht described as a “high crime area.” Specifically, the officers were patrolling the parking lot of the South Main Food & Liquor store. Stien described the business as follows:

“The parking lot and the business establishment, we have had many arrests that we have made in there for drug trafficking, the sale of illegal narcotics, possessions of firearms. We have had homicides in the parking lot. We have had homicides within the store. The store actually for a short period of time was shut down due to the amount of crime that was in the parking lot and going through the business.”

Defense counsel objected to this testimony, which objection the trial court overruled.

In the store’s parking lot, the officers noticed a maroon Chevy Blazer that quickly pulled out of a parking stall, turned abruptly, and then parked at the other end of the parking lot. The officers drove past the car, ran the car’s license plate, and discovered that its registration had expired. The car was registered to Adrian Anderson. Dominique Wilson was driving the car, and defendant and Clarissa Ingram were passengers. The car exited the parking lot, failing to use a turn signal. Because of the expired registration, the officers stopped the car, activating their emergency lights. Defendant, who was seated in the front passenger seat, immediately exited the car and started to walk away. Defendant ignored Stien’s command to stop. Defendant walked approximately 20 feet away, until Stien finally caught up to him and grabbed his arm. Defendant appeared intoxicated or under the influence of drugs. When asked for his name, defendant initially gave a false name. Defendant then correctly identified himself.

While Stien was detaining defendant, Lambrecht approached Wilson, who had just exited the vehicle and was standing beside the car. The driver’s door was open, and Stien observed a bullet cartridge and a bottle of liquor on the driver’s front floor board. Stien also saw a black handgun in plain view on the floor directly behind the driver’s seat. Clarissa was sitting in the backseat. The front passenger seat where defendant had been sitting was broken, such that the seat was fully reclined and lying on the backseat. The gun was easily accessible from the reclined position of the front passenger seat.

A crime scene analyst testified that no useful fingerprints were recovered from the gun. The parties stipulated that defendant had previously been convicted of a felony.

The jury found defendant guilty. In his motion for a new trial, defense counsel renewed his objection to the police officers’ testimony regarding the crime associated with the area of defendant’s arrest. The trial court denied the motion, noting that there needed to be some explanation as to why the officers were patrolling that area in an unmarked car and that the jurors were entitled to know how the events unfolded that evening. The trial court sentenced defendant to five years’ imprisonment. Defendant timely appeals.

Defendant first argues that the State failed to prove him guilty beyond a reasonable doubt. Specifically, he argues that the State did not prove that he had knowledge of the gun that was found on the floor behind the driver’s seat. In considering a challenge to the sufficiency of the evidence, we ask only whether, after viewing all of the evidence in the light most favorable to the State, any rational trier of fact could have found the elements of the offense proved beyond a reasonable doubt. People v. Lamon, 346 Ill. App. 3d 1082, 1089 (2004). The trier of fact is responsible for determining the witnesses’ credibility, weighing their testimony, and deciding on the reasonable inferences to be drawn from the evidence. Lamon, 346 Ill. App. 3d at 1089.

We reject defendant’s argument that we should apply the de novo standard of review. As the State notes, knowledge and possession were questions of fact to be resolved by the jury, and here those facts were in dispute. See People v. Hester, 271 Ill. App. 3d 954, 961 (1995). Thus, we will not disturb the jury’s findings unless the evidence is so unbelievable, improbable, or unsatisfactory that it creates a reasonable doubt of guilt. Hester, 271 Ill. App. 3d at 961.

To sustain a conviction of unlawful possession of a weapon by a felon, the State needed to prove that (1) defendant knowingly possessed a firearm, and (2) defendant had been convicted of a felony. 720 ILCS 5/24 — 1.1(a) (West 2006); Hester, 271 Ill. App. 3d at 956. (Although the statute also prohibits the knowing possession of firearm ammunition, and here there was firearm ammunition found in the car, the jury was instructed only as to unlawful possession of a firearm.) The parties stipulated to defendant’s prior felony conviction, so all that remained at issue was whether defendant knowingly possessed a firearm.

Criminal possession may be actual or constructive; and where, as here, the possession was allegedly constructive, the State had to prove that defendant (1) had knowledge of the presence of the weapon, and (2) had immediate and exclusive control over the area where the weapon was found. People v. Hampton, 358 Ill. App. 3d 1029, 1031 (2005); People v. Stack, 244 Ill. App. 3d 393, 398 (1993). “The element of knowledge may, and most often must, be proved by circumstantial evidence.” People v. Rangel, 163 Ill. App. 3d 730, 739 (1987). Because the State could not rely on an inference of knowledge stemming merely from defendant’s presence in the car, the State had to present other evidence establishing knowledge of the weapon. See Hampton, 358 Ill. App. 3d at 1033. Knowledge could be inferred from several factors, including: (1) the visibility of the weapon from defendant’s location in the vehicle, (2) the amount of time in which defendant had an opportunity to observe the weapon, (3) gestures or movements made by defendant that would suggest an effort to retrieve or conceal the weapon, and (4) the size of the weapon. See Hampton, 358 Ill. App. 3d at 1033; People v. Bailey, 333 Ill. App. 3d 888, 891-92 (2002).

According to the State’s witnesses, the handgun was in plain view on the floor of the car. Although Lambrecht described the gun as underneath the seat, the remainder of his testimony and a photograph make clear that the whole gun was in fact in plain view right behind the driver’s seat. The photograph depicts a black gun on a red-carpeted floor, with nothing else in the immediate vicinity. And because the front passenger seat was broken, the seat was resting in the backseat, right next to where the gun was found.

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Cite This Page — Counsel Stack

Bluebook (online)
907 N.E.2d 110, 389 Ill. App. 3d 897, 329 Ill. Dec. 791, 2009 Ill. App. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ingram-illappct-2009.