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People v. Carter12/18/2003
defendant in this case could have been successfully prosecuted for each cartridge possessed so long as the State described the "separate acts" as the possession of one cartridge. This would lead to the absurd result wherein a defendant possessing a "brick" of 500 rounds of .22-caliber long rifle ammunition (a box, approximately 3 inches x 3 inches x 6 inches, containing 10 boxes with 50 rounds in each box) could be convicted of 500 counts of possessing a single cartridge and fined $500,000.
The majority dismisses the possibility of such an absurd result by stating that defendant here "possessed two different types of ammunition in two distinct places." Slip op. at 7. This statement ignores the fact that, in this case, the gun and the ammunition found in the gun were located in exactly the same place at exactly the same time. Still, the majority concludes that they each support separate convictions. Thus, the majority's distinction does not prevent the absurd result that follows from its faulty reasoning.
The majority also states: "The defendant could have chosen to possess the gun without the ammunition and the ammunition without the gun." Slip op. at 7. I submit that hypothetical facts that involve separate acts do not alter the reality that, in this case, the possession of the gun and the ammunition were one and the same act. The majority continues: "Indeed, the fact that the defendant chose to possess the ammunition within the firearm exposed the public to far more danger than if he had chosen to possess the firearm unloaded or without ammunition altogether." Slip op. at 7. I submit that the majority does not cite to authority as to how or why public policy was not considered in our supreme court's decision in People v. King. We are not to decide cases contrary to the law based upon our perception of public policy when it is inconsistent with established law and the reality of what actually transpired. The majority also claims that my interpretation will encourage the carrying of loaded guns by felons. Slip op. at 8. I submit two reasons why this claim is unfounded. First, with concurrent sentences, there is no effective difference in punishment. This defendant had two guns and ammunition for both. However, he is going to prison to effectively serve one term of imprisonment, although convicted of five counts. Second, if this felon was concerned about multiple convictions, I submit that he would have carried only one firearm and ammunition for that firearm. The majority asserts that the legislature intended to create two separate offenses for possession of a loaded weapon. The majority argues that the legislature's intent is expressed by the language in section 24--1.1 of the Criminal Code, which prohibits the possession of "any weapon * or any firearm or any firearm ammunition." 720 ILCS 5/24--1.1 (West 1996). However, I believe this language is ambiguous regarding intent to create separate offenses for possession of a loaded weapon. In any event, the majority fails to realize that the acts it claims are separate are actually one act.
The current version of the Illinois Controlled Substances Act explicitly authorizes multiple convictions for the unauthorized simultaneous possession of different types of controlled substances. See 720 ILCS 570/402 (West 2002). Section 24--1.1, involved here, does not contain the explicit language found in the Controlled Substances Act. Because the legislature has not made it explicitly clear that it intended to permit multiple offenses for the possession of a loaded weapon, we must resolve the ambiguity in favor of leniency. See People v. Manning, 71 Ill. 2d 132, 137 (1978) (subsequently overturned by 720 ILCS 570/402 (West 2002); see also People v.
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