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People v. Quinones11/10/2005
Following a bench trial, defendant Juan Quinones was found guilty of two counts of defacing firearm identification marks and two counts of aggravated unlawful use of a weapon (UUW). Defendant was sentenced to four years in prison for each count of defacing a firearm and to three years in prison for each count of aggravated UUW, to be served concurrently, and was ordered to submit a blood specimen for genetic testing. On appeal, defendant contends (1) that section 24-5(b) of the Criminal Code of 1961 (720 ILCS 5/24-5(b) (West 2002)) contained an unconstitutional mandatory presumption that relieved the State of its burden of proving that a defendant knowingly or intentionally defaced the identifying marks on a firearm beyond a reasonable doubt; (2) that his multiple convictions of defacing a firearm and multiple convictions of aggravated UUW violate the one-act, one-crime doctrine; (3) that the trial court's mistaken belief that aggravated UUW was a Class 3, rather than a Class 4, felony influenced its sentencing decision; (4) that he was prejudiced when the trial court failed to completely admonish him of his appellate rights; and (5) that the compulsory extraction of his DNA was a violation of his constitutional rights.
At trial, Federal Bureau of Investigations Special Agent Ralph Anthony Renno testified that on April 11, 2003, he received a phone call from Maria Garza. Garza told Renno that earlier that morning she had received a note on her door that read "we have David [Villarreal]" and instructed Garza to call a certain phone number. Garza had also received calls concerning the kidnaping from a different phone number. Renno sought and was granted permission to tap and trace both phone numbers. At 7 p.m., Garza met Renno at the FBI office. From 7 p.m. until 2 a.m., Garza engaged in six discussions with a person at the number written on the note. At 2 a.m., Garza and the party on the phone agreed to talk again in the morning. From 9 a.m. on April 12, 2003, until the afternoon, Garza engaged in several more conversations with the party at the number written on the note. The parties agreed to meet at Garza's sister-in-law's house at 1944 South 55th Court in Cicero, Illinois, where Garza would give the other party a certain amount of money in exchange for Villarreal's release.
Several FBI agents, a Chicago police officer and Garza proceeded to 1944 South 55th Court. Several agents and Garza entered the house while Renno, Special Agent Brian Murphy, Special Agent Dennis Timothy and FBI employee Susana Herrera, who would act as an interpreter, remained in a van across the street from the residence to conduct surveillance. While Garza and the agents were in the residence, several calls were placed between Garza and a man named Antonio, further negotiating the exchange. At trial, Renno testified that the voice of the man on the recordings of these conversations was defendant's. He further testified that, when apprehended, defendant identified himself as Antonio.
At 6:06 p.m., a Chevrolet Astro van pulled up to the house at 1944 South 55th Court. The driver got out of the van and approached the house while the passenger, who Renno identified as defendant, remained in the van. The driver knocked on the front door of the house but Garza and the agents inside did not answer. The driver walked back to the car, got in and exchanged words with defendant. Defendant then picked up a cellular phone and held it to his ear. Thereafter, the driver again went to the front door of the house and knocked. The agents stationed in the house opened the door and arrested the driver. Defendant then got out of the van, put his head down and began briskly walking away. Renno and the officers in the sur
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