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People v. Carter12/18/2003
UNPUBLISHED
Following a bench trial, the defendant, Clemmie Carter, was found guilty of four counts of unlawful possession of a weapon by a felon (720 ILCS 5/24--1.1 (West 1996)) and one count of possession of a firearm without a valid firearm owner's identification (FOID) card (430 ILCS 65/2(a)(1) (West 1996)). The trial court sentenced the defendant to five years' imprisonment for each offense, the sentences to run concurrently. On appeal, the defendant argues that four of his convictions should be vacated due to the one-act, one-crime doctrine. The defendant additionally argues that the trial court relied on improper factors in determining his sentence. We affirm in part and vacate in part and remand for additional proceedings.
On October 8, 1997, the defendant was charged by indictment with unlawful possession of a weapon by a felon and possession of a firearm without a FOID card. Count I of the indictment charged the defendant with unlawful possession of a weapon by a felon (720 ILCS 5/24--1.1 (West 1996)); count II charged the defendant with possession of a firearm without a FOID card (430 ILCS 65/2(a)(1) (West 1996)). Both counts I and II were based on the defendant's alleged possession of a .22-caliber handgun on September 22, 1997. On February 4, 1998, the defendant was charged with three more counts of unlawful possession of a weapon by a felon. Counts IV through VI were based on the defendant's alleged possession of a .25-caliber handgun, ammunition for the . 25-caliber handgun, and ammunition for the .22-caliber handgun, respectively, on September 22, 1997.
On April 7, 1998, the trial court conducted a bench trial. Officer John Moran of the Waukegan police department testified that on September 22, 1997, at approximately 2:34 a.m., he was on duty, sitting in his parked squad car on George Street, near the intersection with South Utica Street. Officer Moran was watching a van parked on South Utica that he knew belonged to the Moses brothers. Three people were standing outside the van. There was other pedestrian traffic in the area as well. Officer Moran observed a white 1982 Chevrolet Caprice drive north on South Utica and stop 15 to 20 feet from the van. A passenger in the Caprice leaned out of the window and fired 10 to 15 shots from an automatic weapon toward the van. The Caprice continued north on South Utica at a high rate of speed. The Caprice eventually turned right on Ravine Street.
Officer Moran drove his squad car down George with the lights off to get a better look at what had taken place and to see if anybody had been hurt. He had just crossed South Utica when he saw the Caprice turn onto George from Oak Street. The Caprice headed toward Officer Moran's squad car. Officer Moran activated his mars lights and shined his spotlight on the Caprice. The Caprice almost struck Officer Moran's squad car and then turned back onto South Utica, heading north. Officer Moran got a very good look at both the driver and the passenger. He identified the defendant as the driver. Officer Moran followed the Caprice and eventually saw it crash into a building at the intersection of 12th Street and Sheridan Road. By the time he reached the vehicle, the occupants had abandoned it.
Officers Keith Zupec and Dave Mercado of the Waukegan police department also testified. Officer Zupec testified that he was dispatched to the crash site to assist in locating the individuals who had abandoned the Caprice. Officer Zupec saw the defendant running out of an alley just west of Sheridan and near 13th Street. Officer Zupec gave chase and eventually apprehended the defendant. Officer Mercado testified that he responded to the crash site to collect evidence. Officer M
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