People v. Carter
| Decision Date | 02 December 2004 |
| Docket Number | No. 97744.,97744. |
| Citation | 213 Ill.2d 295,290 Ill.Dec. 182,821 N.E.2d 233 |
| Parties | The PEOPLE of the State of Illinois, Appellee, v. Clemmie L. CARTER, Appellant. |
| Court | Illinois Supreme Court |
G. Joseph Weller, Deputy Defender, Paul Alexander Rogers, Assistant Defender, Office of the State Appellate Defender, Elgin, for appellant.
Lisa Madigan, Attorney General, Springfield, Michael J. Waller, State's Attorney, Waukegan (Gary Feinerman, Solicitor General, Linda D. Woloshin, Domenica A. Osterberger, Assistant Attorneys General, Chicago, of counsel), for the People.
Following a bench trial in the circuit court of Lake County, defendant, Clemmie L. Carter, was found guilty under section 24-1.1 of the Criminal Code of 1961 (720 ILCS 5/24-1.1 (West 1996)) of four counts of unlawful possession of weapons by a felon, based on his simultaneous possession of two handguns and clips of ammunition for those two guns. Defendant was also found guilty under section 2(a)(1) of the Firearm Owners Identification Card Act (430 ILCS 65/2(a)(1) (West 1996)) of possession of a firearm without a valid firearm owner's identification (FOID) card. The trial court sentenced defendant to five years' imprisonment for each offense, to run concurrently.
The appellate court affirmed defendant's four convictions for unlawful possession of weapons by a felon and vacated defendant's FOID card violation conviction based on the one-act, one-crime doctrine. The appellate court also vacated defendant's sentences based on the trial court's consideration of an improper sentencing factor and remanded the cause for a new sentencing hearing. 344 Ill.App.3d 663, 280 Ill.Dec. 218, 801 N.E.2d 1163.
We allowed defendant's petition for leave to appeal pursuant to Supreme Court Rule 315(a) (177 Ill.2d R. 315(a)). The only issue in this appeal is whether multiple convictions can be entered for unlawful possession of weapons by a felon based on the simultaneous possession of two handguns and the ammunition for those guns. We hold, in the absence of a specific statutory provision to the contrary, and under the particular facts of this case, the simultaneous possession of multiple firearms and firearm ammunition by defendant constituted a single offense. We therefore reverse the judgment of the appellate court in part, reverse the judgment of the circuit court in part, and remand the cause for further proceedings.
On September 22, 1997, defendant and another man were arrested after fleeing from a car pursued by police in connection with a shooting incident. Two loaded semiautomatic weapons, a .22-caliber handgun and a .25-caliber handgun, were found in the car, and an additional ammunition clip containing .22-caliber bullets.
On October 8, 1997, an indictment was filed, charging defendant with, among other crimes, four counts of unlawful possession of weapons by a felon (720 ILCS 5/24-1.1 (West 1996)) and possession of a firearm without a valid FOID card (430 ILCS 65/2(a)(1) (West 1996)). The unlawful possession of weapons charges were based on defendant's possession of a .22-caliber handgun, a .25-caliber handgun, ammunition for the .25-caliber handgun, and ammunition for the .22-caliber handgun.
A bench trial was conducted on April 7, 1998. The trial court found defendant guilty on all five counts. Defendant was sentenced to five years' imprisonment on each count, to run concurrently.
On appeal, defendant argued that his multiple convictions violated the one-act, one-crime doctrine and that the trial court relied on several improper factors in determining his sentence. The appellate court affirmed defendant's four convictions for unlawful possession of weapons by a felon and vacated defendant's FOID card violation conviction based on the one-act, one-crime doctrine. The appellate court also vacated defendant's sentences based on the trial court's consideration of an improper sentencing factor and remanded the cause for a new sentencing hearing. 344 Ill.App.3d 663, 280 Ill.Dec. 218, 801 N.E.2d 1163. Justice McLaren dissented in part, asserting that convicting defendant for unlawful possession of weapons by a felon, and then also convicting him for the ammunition that was contained in the firearms, violated the one-act, one-crime doctrine. 344 Ill.App.3d at 674-78, 280 Ill.Dec. 218, 801 N.E.2d 1163 (McLaren, J., dissenting). We allowed defendant's petition for leave to appeal. 177 Ill.2d R. 315(a).
In this appeal, we are asked to determine whether multiple convictions can be entered for unlawful possession of weapons by a felon based on the simultaneous possession of two guns and the ammunition for those guns. Initially, we note that defendant did not preserve this issue in the trial court. The rule of waiver is, however, a limitation on the parties, not a limitation on this court's jurisdiction. Geise v. Phoenix Co. of Chicago, Inc., 159 Ill.2d 507, 514, 203 Ill.Dec. 454, 639 N.E.2d 1273 (1994). This court may review an argument not properly preserved for review if plain error occurred. 134 Ill.2d R. 615(a); People v. Harvey, 211 Ill.2d 368, 386, 286 Ill.Dec. 124, 813 N.E.2d 181 (2004). The plain error doctrine allows a reviewing court to address defects affecting substantial rights (1) if the evidence is closely balanced or (2) if fundamental fairness so requires rather than finding the claims waived. People v. Macri, 185 Ill.2d 1, 58, 235 Ill.Dec. 589, 705 N.E.2d 772 (1998). Defendant does not claim that the evidence is closely balanced in this case. Moreover, our review of the record confirms that the evidence in defendant's case cannot reasonably be regarded as closely balanced. As the State acknowledges, however, this court has recently held that "the potential for a surplus conviction and sentence affects the integrity of the judicial process, thus satisfying the second prong of the plain error rule." Harvey, 211 Ill.2d at 389, 286 Ill.Dec. 124, 813 N.E.2d 181. The issue in this case unquestionably turns on whether the convictions and sentences are surplus. Accordingly, we will review defendant's arguments under the plain error doctrine.
Defendant argues that because all four of his convictions for unlawful possession of weapons by a felon were based on a single, simultaneous act of possession, three of his convictions must be vacated based on the one-act, one-crime rule of People v. King, 66 Ill.2d 551, 566, 6 Ill.Dec. 891, 363 N.E.2d 838 (1977). According to defendant, nothing in the statute suggests that each article of contraband possessed constitutes a separate offense and that any ambiguity in the statute should be resolved in his favor by prohibiting multiple convictions for the simultaneous possession of firearms. Defendant contends that this case should be controlled by People v. Manning, 71 Ill.2d 132, 15 Ill.Dec. 765, 374 N.E.2d 200 (1978). In Manning, we held that simultaneous possession of different types of drugs could not support multiple convictions, absent an express statutory provision to the contrary.
The State contends defendant was properly convicted of four counts of unlawful possession of weapons by a felon based on his possession of two guns and two types of ammunition. The State argues that the legislature did not intend that the simultaneous possession of more than one weapon or ammunition should support only one conviction for unlawful possession of weapons by a felon. According to the State, a felon who possesses a loaded gun is more dangerous than a felon who possesses a gun but no ammunition and the statute was drafted to allow separate convictions for possession of a weapon and the ammunition for it.
In his brief, defendant mixes Manning statutory construction principles with the King one-act, one-crime doctrine. This case requires that we first interpret the unlawful possession of weapons statute (720 ILCS 5/24-1.1 (West 1996)) to determine whether the statute permits separate offenses to be charged for simultaneous possession. One-act, one-crime principles apply only if the statute is construed as permitting multiple convictions for simultaneous possession.
The interpretation of a statute is a question of law that we review de novo. People v. Harris, 203 Ill.2d 111, 116, 271 Ill.Dec. 238, 784 N.E.2d 792 (2003). When construing a statute, a court is required to ascertain and give effect to the intent of the legislature. People v. Latona, 184 Ill.2d 260, 269, 234 Ill.Dec. 801, 703 N.E.2d 901 (1998). "The most reliable indicator of legislative intent is the language of the statute, which, if plain and unambiguous, must be read without exception, limitation, or other condition." People v. Davis, 199 Ill.2d 130, 135, 262 Ill.Dec. 721, 766 N.E.2d 641 (2002). Criminal or penal statutes must be strictly construed in the defendant's favor, "and nothing should be taken by intendment or implication beyond the obvious or literal meaning of the statute." Davis, 199 Ill.2d at 135, 262 Ill.Dec. 721, 766 N.E.2d 641 ().
The relevant portion of the statute at issue provides:
"(a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24-1 of this Act or any firearm or any firearm ammunition if this person has been convicted of a felony under the laws of this State or any other jurisdiction." (Emphasis added.) 720 ILCS 5/24-1.1(a) (West 1996).
In applying the principles of statutory construction to this case, we conclude that the statute neither prohibits nor permits the State to bring separate charges for the simultaneous possession of firearms and firearm ammunition. The term "any," as...
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