People v. Williams

858 N.E.2d 606, 306 Ill. Dec. 809, 368 Ill. App. 3d 616, 2006 Ill. App. LEXIS 1020, 2006 WL 3247181
Appellate Court of Illinois·Decided November 9, 2006·No. 1-05-0619·Published·Cited by 42 cases

Opinion

JUSTICE MURPHY

delivered the opinion of the court:

Defendant, Jeffrey Williams, was convicted of aggravated unlawful use of a weapon pursuant to section 24 — 1.6(a) of the Criminal Code of 1961 (720 ILCS 5/24 — 1.6(a) (West 2004)) in 2004. On appeal, defendant argues that (1) he was not proven guilty beyond a reasonable doubt of aggravated unlawful use of a weapon; (2) he was denied a fair and impartial jury because neither defense counsel nor the court asked the jury about defendant’s constitutional rights; and (3) a $100 fee was improperly assessed. For the reasons stated below, we affirm.

I. BACKGROUND

Defendant was charged with aggravated unlawful use of a weapon. During jury selection, the trial court asked each juror individually if he or she would have a problem with returning a guilty verdict if defendant’s guilt was proven beyond a reasonable doubt or a not-guilty verdict if defendant’s guilt was not proven beyond a reasonable doubt. The trial court excused jurors who indicated they had a problem signing a guilty verdict. The court also asked potential jurors whether they or their families were victims of a crime and whether they had served on juries before. The court informed the potential jurors that defendant was presumed innocent and that the State had the burden of proving defendant guilty beyond a reasonable doubt. In addition, the court told the potential jurors that defendant had no obligation to testify on his own behalf or call any witnesses in his defense and the fact that he did not testify could not be held against him. Although defense counsel questioned the potential jurors, neither she nor the trial court inquired whether they understood the principles articulated by the trial court. The court repeated these principles when it instructed the jury before deliberations.

At trial, Park Ridge police officer Matthew McGannon testified that on July 5, 2003, he pulled defendant over after he observed defendant driving his vehicle into the opposite lane. The officer discovered that defendant’s license was suspended and placed him under arrest for driving with a suspended license.

The officer did an inventory search of defendant’s vehicle and found a loaded, 9-millimeter pistol with one round in the chamber. The bolstered pistol was in a leather, zippered compartment located to the right of the back passenger seat. The compartment was part of the vehicle and was unmovable. The officer also found a bulletproof vest, handcuffs, a baton, and security uniforms in the car. Defendant told the officer that he was returning from work as a security guard, but when the officer asked for additional information about the security company, defendant admitted that the gun was his, not the security company’s. The officer later discovered that defendant had been terminated from employment with the security company in June 2003.

The jury found defendant guilty of aggravated unlawful use of a weapon. He was sentenced to 18 months’ probation with the first 60 days in custody. The court also assessed fines and costs of $729, which included a $100 fine under section 5 — 9—1.10 of the Unified Code of Corrections (730 ILCS 5/5 — 9—1.10 (West 2004)).

II. ANALYSIS

A. Sufficiency of the Evidence

Defendant first contends that the State failed to prove him guilty beyond a reasonable doubt of aggravated unlawful use of a weapon because the weapon was not “uncased.” Therefore, he claims, we should reduce his conviction to the lesser-included charge of unlawful use of a weapon pursuant to section 24 — 1(a) (4) (iii) of the Criminal Code of 1961 (Code) (720 ILCS 5/24 — 1(a)(4)(iii) (West 2004)) and remand the case for resentencing.

“It is the jury’s function to determine the accused’s guilt or innocence, and this court will not reverse a conviction unless the evidence is so improbable as to justify a reasonable doubt of defendant’s guilt.” People v. Frieberg, 147 Ill. 2d 326, 359 (1992). When a defendant challenges the sufficiency of the evidence, the relevant inquiry is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. People v. Woods, 214 Ill. 2d 455, 470 (2005). A court of review will not overturn the fact finder’s verdict unless “the proof is so improbable or unsatisfactory that there exists a reasonable doubt as to the defendant’s guilt.” People v. Maggette, 195 Ill. 2d 336, 353 (2001). However, to the extent that we are asked to interpret the statutory term “uncased,” our review is de novo. People v. Rivera, 198 Ill. 2d 364, 368 (2001).

A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly carried a firearm that was uncased, loaded, and immediately accessible at the time of the offense, unless the person was carrying the weapon on his or her land, abode, or fixed place of business. 720 ILCS 5/24 — 1.6(a) (West 2004). Defendant disputes whether the gun was “uncased” when it was in the zippered, leather compartment. Although the gun was also in a holster, defendant does not argue on appeal that the holster was a “case.”

The Criminal Code does not define “uncased”; however, the court defined the term in People v. Smythe, 352 Ill. App. 3d 1056 (2004). In Smythe, a gun was found under the driver’s seat of the car that the defendant was driving, and the holster left portions of the gun exposed. After being convicted of aggravated unlawful use of a weapon, the defendant argued that the evidence was insufficient to show that the gun was “uncased.” Smythe, 352 Ill. App. 3d at 1058.

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People v. Williams, 858 N.E.2d 606, 306 Ill. Dec. 809, 368 Ill. App. 3d 616, 2006 Ill. App. LEXIS 1020, 2006 WL 3247181 (Ill. Ct. App. 2006).

858 N.E.2d 606 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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