People v. Jackson

646 N.E.2d 1299, 207 Ill. Dec. 212, 269 Ill. App. 3d 851
CourtAppellate Court of Illinois
DecidedFebruary 3, 1995
Docket1-93-1185
StatusPublished
Cited by17 cases

This text of 646 N.E.2d 1299 (People v. Jackson) 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. Jackson, 646 N.E.2d 1299, 207 Ill. Dec. 212, 269 Ill. App. 3d 851 (Ill. Ct. App. 1995).

Opinion

646 N.E.2d 1299 (1995)
269 Ill.App.3d 851
207 Ill.Dec. 212

The PEOPLE of the State of Illinois, Plaintiff-Appellant,
v.
Davell JACKSON, Defendant-Appellee.

No. 1-93-1185.

Appellate Court of Illinois, First District, Fifth Division.

February 3, 1995.

*1301 Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Veronica Ximena Calderon, Roger A. Malavia, of counsel), for appellant.

Rita A Fry, Public Defender, Chicago (Carol J. Milder, of counsel), for appellee.

Presiding Justice COUSINS delivered the opinion of the court:

Davell Jackson (defendant) was charged with unlawful use of weapons and ammunition by a felon, in violation of section 24-1.1 of the Criminal Code of 1961. (720 ILCS 5/24-1.1 (West 1992).) Prior to jury selection, defendant filed a motion to bar introduction of his felony conviction to the jury, based on section 111-3(c) of the Code of Criminal Procedure of 1963. (725 ILCS 5/111-3(c) (West 1992).) The State argued that section 111-3(c) did not apply because the felony conviction was an essential element to convict under section 24-1.1 and not a mere sentence enhancement where section 111-3(c) would be applicable. Following arguments, the court granted defendant's motion *1302 upon the condition that defendant stipulate the prior conviction to the trial judge only, outside of the presence of the jury. The State brings an interlocutory appeal of the order granting defendant's motion.

We reverse and remand.

BACKGROUND

On October 23, 1992, defendant was arrested for unlawful possession of a weapon. On November 6, 1992, defendant was charged by information under section 24-1.1 for unlawful use of weapons and ammunition by a felon. (720 ILCS 5/24-1.1 (West 1992).) The information alleged that Davell Jackson:

"knowingly possessed on and about his person, a firearm and ammunition, after having been convicted of the felony offense of possession of a stolen vehicle, in violation of Chapter 38, Section 24-1.1(A) of the Illinois Revised Statutes 1989 as amended."

Defendant filed a motion to bar introduction of his felony conviction to the jury. The motion was based on section 111-3(c) of the Code of Criminal Procedure, an amendment to section 111-3 effective July 1, 1990. (725 ILCS 5/111-3(c) (West 1992).) Section 111-3(c) states:

"When the State seeks an enhanced sentence because of a prior conviction, the charge shall also state the intention to seek an enhanced sentence and shall state such prior conviction so as to give notice to the defendant. However, the fact of such prior conviction and the State's intention to seek an enhanced sentence are not elements of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. For the purposes of this Section, `enhanced sentence' means a sentence which is increased by a prior conviction from one classification of offense to another higher level classification of offense * * *." 725 ILCS 5/111-3(c) (West 1992).

The trial court granted the motion. The court held that section 111-3(c) applied to section 24-1.1 as an enhanced sentence to section 24-1 (720 ILCS 5/24-1 (West 1992)), governing unlawful use of weapons by nonfelons. The trial court directed that section 111-3(c) required that the phrase "after having been convicted of a felony offense of possession of a stolen vehicle" could not be presented to the jury. Instead, the court allowed the defendant to stipulate outside the presence of the jury that he had been convicted of a felony offense. The court relied on People v. Bowman (1991), 221 Ill.App.3d 663, 164 Ill.Dec. 560, 583 N.E.2d 114, which held that section 111-3(c) applied to trials where the defendant was accused of driving while license revoked (DWR) and faced an enhanced sentenced for a previous DWR conviction.

The prosecution filed a certificate of impairment to appeal the trial court's ruling. Thereafter, the court made the following statement:

"THE COURT: The Court takes the position that there was no suppression of evidence by the Court, there's been no impairment of the prosecution of the charge of unlawful possession of a weapon on or about his person in a vehicle, which is the charge pending before the jury. This is clearly a case of enhancement of the charge which is covered by 111-3.
The Court reluctantly has to go further and state for the Record that the Court feels that this conduct by State's Attorney Edward Ronkowski, the first chair in this court, is in retaliation because last week this Court granted a motion for directed verdict on a jury."

OPINION

I

Defendant contends that this appeal should be dismissed because the State was not substantially impaired in its ability to prosecute this case. Supreme Court Rule 604(a)(1) (134 Ill.2d R. 604(a)(1)) allows an interlocutory appeal by the State whenever the prosecutor certifies to the trial court that the suppression substantially impairs the State's ability to prosecute the case. (People v. Young (1980), 82 Ill.2d 234, 247, 45 Ill.Dec. 150, 412 N.E.2d 501.) Although the trial court's view was that section 111-3(c) applied, the State disagreed. A good-faith *1303 evaluation by the prosecution of the impact of the suppression order is sufficient to meet its burden. People v. Keith (1992), 148 Ill.2d 32, 40, 169 Ill.Dec. 276, 591 N.E.2d 449; Young, 82 Ill.2d at 247, 45 Ill.Dec. 150, 412 N.E.2d 501.

The trial court questioned the good faith of the prosecutor. However, the prosecutor in this case certified that the State's ability to prosecute would be substantially impaired. In the Young case, the Illinois Supreme Court stated:

"[W]e rely solely upon the good-faith evaluation by the prosecutor of the impact of the suppression order on his case. * * * [W]e believe that the State's need to allocate its heavily taxed resources in the most productive manner will naturally limit appeals to those orders which substantially impair its ability to prosecute its case." (Young, 82 Ill.2d at 247-48, 45 Ill.Dec. 150, 412 N.E.2d 501.)

Thus, we will also rely solely on the good-faith evaluation of the prosecutor and grant jurisdiction for this appeal. See Keith, 148 Ill.2d at 40, 169 Ill.Dec. 276, 591 N.E.2d 449.

In addition, the prosecution clearly was impaired in the instant case. The burden of presenting evidence sufficient to convict beyond a reasonable doubt rests with the prosecution. Presenting proof to the jury of defendant's felony conviction is a required element to convict for unlawful possession under section 24-1.1. (People v.

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Cite This Page — Counsel Stack

Bluebook (online)
646 N.E.2d 1299, 207 Ill. Dec. 212, 269 Ill. App. 3d 851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jackson-illappct-1995.