People v. Wilson

2025 IL App (1st) 242454-U
Appellate Court of Illinois·Decided February 18, 2025·No. 1-24-2454·Unpublished·Cited by 11 cases

Opinion

2025 IL App (1st) 2454-U No. 1-24-2454B Order filed February 18, 2025 Second Division

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 24 CR 7946 ) MARK WILSON, ) Honorable ) Shauna L. Boliker and Defendant-Appellant. ) Natosha C. Toller, ) Judges, presiding.

PRESIDING JUSTICE VAN TINE delivered the judgment of the court. Justices McBride and Ellis concurred in the judgment.

ORDER

¶1 Held: We affirm the trial court’s orders imposing and continuing pretrial detention over defendant’s contention that the court erred in finding that no conditions of pretrial release could mitigate the threat defendant poses to the community based on his criminal background.

¶2 Defendant Mark Wilson appeals the trial court’s orders imposing and continuing pretrial

detention pursuant to article 110 of the Code of Criminal Procedure of 1963 (725 ILCS 5/110-1

et seq. (West 2022)), as amended by Public Act 101-652 (eff. Jan. 1, 2023), commonly known as No. 1-24-2454B

the Pretrial Fairness Act. 1 See Pub. Act 102-1104, § 70 (eff. Jan. 1, 2023) (amending various

provisions of the Act); Rowe v. Raoul, 2023 IL 129248, ¶ 52 (lifting stay and setting effective date

as September 18, 2023). For the following reasons, we affirm.

¶3 I. BACKGROUND

¶4 Defendant is charged with being an armed habitual criminal (720 ILCS 5/24-1.7(a) (West

2022)), unlawful possession of a weapon by a felon (id. § 24-1.1(a)), and aggravated unlawful

possession of a weapon (id. § 24-1.6(a)(1)/(3)(C)). 2 The charges arise out of a traffic stop in

Chicago on July 11, 2024, in which police allegedly recovered a loaded firearm from defendant’s

vehicle.

¶5 Pretrial Services’ public safety assessment indicates that defendant has previously been

convicted of a felony, has prior violent convictions, and had another pending criminal case at the

time of his arrest in this case. The assessment includes a new violent criminal activity flag.

Defendant scored 5 out of 6 in terms of new criminal activity and 3 out of 6 in terms of failure to

appear. Pretrial Services recommended maximum conditions if the trial court granted pretrial

release.

¶6 On July 12, 2024, the State filed a petition for pretrial detention pursuant to section 110-

6.1(a)(6) of the Pretrial Fairness Act (725 ILCS 5/110-6.1(a)(6) (West 2022)). The State alleged

that the proof was evident or the presumption great that defendant committed the qualifying

1 The legislation has also been referred to as the Safety, Accountability, Fairness and Equity- Today (SAFE-T) Act. Neither commonly known name is official, as neither appears in the Illinois Compiled Statutes or the public act. 2 Effective January 1, 2025, section 24-1.7 of the Criminal Code of 2012 has been renamed from “[a]rmed habitual criminal” to “[u]nlawful possession of a firearm by a repeat felony offender.” The elements of this offense have not changed. We will refer to this offense as “armed habitual criminal” because that is the version of the statute under which defendant was charged.

-2- No. 1-24-2454B

offense of being an armed habitual criminal and posed a real and present threat to the safety of the

community because he possessed a loaded firearm while having multiple prior felony convictions,

and that no conditions of pretrial release could mitigate that threat. Following a hearing the same

day, Judge Boliker granted the State’s petition. 3 Judge Boliker specifically noted that defendant

posed a threat to the community because he was previously convicted of one count of armed

robbery and three counts of robbery, all of which resulted in prison sentences.

¶7 Defendant then filed what his counsel called a “motion to review the conditions of his pre-

trial release.” This motion is not included in the record on appeal and there is no indication that

defendant was ever granted pretrial release with conditions the trial court could have reviewed. In

any event, at the September 30, 2024, hearing on this motion before Judge Toller, defendant

requested pretrial release so he could work to support his pregnant girlfriend and care for his sick

mother. The State opposed pretrial release, arguing that Judge Boliker had already properly

ordered pretrial detention, and that Judge Toller should not change that ruling. The State proffered

that police stopped defendant’s vehicle for expired license plates on July 11, 2024, and saw

defendant leaning over the center console. Police searched his vehicle and recovered a loaded 9-

millimeter firearm. Defendant did not have a valid Firearm Owner’s Identification card or a

concealed carry license. The State also proffered that, in 2012, defendant was convicted of three

counts of robbery and sentenced to five years in prison. While on parole in that case, in 2015,

defendant was convicted of armed robbery and sentenced to 16 years in prison. In the armed

robbery case, defendant discharged a firearm at security offers while attempting to flee. Defendant

completed parole in the armed robbery case in June 2023 but had a pending DUI charge in Indiana

3 The record on appeal does not include reports of proceedings for the July 12, 2024, initial pretrial detention hearing, but it does include Judge Boliker’s written order.

-3- No. 1-24-2454B

at the time of his arrest in this case in July 2024. The State argued that defendant posed a threat to

the community because he had been convicted of 4 violent crimes in the 12 years prior and had a

history of possessing and discharging firearms while on parole. Finally, the State argued that no

less restrictive means could mitigate the threat to the community because of defendant’s pattern of

committing new offenses while on parole for prior offenses.

¶8 Judge Toller denied defendant’s request for pretrial release. She found that (1) the proof

was evident or the presumption great that defendant committed a qualifying offense because police

recovered a loaded firearm from his vehicle when his criminal background prohibited him from

possessing any kind of firearm, (2) defendant posed a threat to the community’s safety based on

his criminal background, and (3) no conditions of pretrial release could mitigate that threat because

defendant had demonstrated “complete disregard for the law” by committing new offenses while

on parole and while he already had another pending criminal case.

¶9 On November 12, 2024, defendant filed a motion for relief pursuant to Supreme Court Rule

604(h)(2) (eff. Apr. 15, 2024). Defendant argued that “pretrial release should not have been

revoked [sic]” because (1) the State failed to prove that no conditions of pretrial release could

“mitigate the real and present threat to the safety of any person or persons or the community, based

on the specific, articulable facts of the case, or the defendant’s willful flight” and (2) the court

erred in finding that no conditions of pretrial release could ensure his appearance at future hearings

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