Summary
This Illinois Appellate Court opinion reviews the conviction and sentence of Jamon Wade for being an armed habitual criminal and unlawful possession of a weapon by a felon following a bench trial. The court analyzes whether the State sufficiently proved constructive possession beyond a reasonable doubt, concluding that proximity, visibility, nervous demeanor, and flight supported the finding. While affirming the armed habitual criminal conviction, the court vacates the unlawful possession conviction under the one-act, one-crime rule and orders correction of the mittimus.
Topics
Practice areas
Questions Presented
- Whether the State proved beyond a reasonable doubt that Wade had constructive possession of the firearm for the armed habitual criminal charge.
- Whether the armed habitual criminal statute violates the Second Amendment and the Illinois Constitution.
- Whether Wade's sentence was excessive or based on improper sentencing factors.
- Whether the conviction for unlawful possession of a weapon by a felon violates the one‑act, one‑crime rule.
Holdings
- The conviction for being an armed habitual criminal is affirmed; the State proved constructive possession beyond a reasonable doubt.
- The statute is constitutional; it does not violate the Second Amendment or Article I, §22 of the Illinois Constitution.
- The sentence of eight years is affirmed; the trial court did not abuse its discretion and the sentencing factors were proper.
- The conviction for unlawful possession of a weapon by a felon is vacated because it violates the one‑act, one‑crime rule; the mittimus is to be corrected.
Key quotations
“So in the totality of the evidence, him acting shaky in the car, him not following directions of the police once he’s out of the car, hightailing it from the police when they’re giving him multiple orders to stop, he doesn’t. With all that, based on the totality of the evidence, knowledge has been proven as well as constructive possession.” (¶13)
“When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.” (¶46)
Factual background
During a traffic stop on Jan. 9, 2023, officers discovered a loaded Glock on the floorboard behind the passenger seat. Wade was a back‑seat passenger, was observed to be close to the firearm, appeared nervous, and fled the scene after officers ordered occupants to exit.
Procedural history
The circuit court bench trial found Wade guilty of being an armed habitual criminal and unlawful possession of a weapon by a felon and sentenced him to eight years. Wade appealed on evidentiary, constitutional, sentencing, and one‑act‑one‑crime grounds.
Remand instructions
Vacate the conviction for unlawful possession of a weapon by a felon and correct the mittimus accordingly.