from the Circuit Court of the 12th Judicial Circuit, Will
County, Illinois, Circuit No. 13-CF-1631 Honorable David M.
Carlson, Judge, Presiding.
PRESIDING JUSTICE HOLDRIDGE delivered the judgment of the
court, with opinion. Justices Wright and O'Brien
concurred in the judgment and opinion.
HOLDRIDGE PRESIDING JUSTICE.
1 The defendant, Antonio M. Bogan, appeals from his
conviction for being an armed habitual criminal. He argues
that the State failed to present evidence sufficient to prove
that he possessed a firearm.
3 The State charged the defendant by indictment with being an
armed habitual criminal (720 ILCS 5/24-1.7(a)(1) (West 2012))
and defacing the identification marks of a firearm (720 ILCS
5/24-5(b) (West 2012)). The armed habitual criminal count
alleged that the "defendant possessed a firearm, to wit:
a High Point firearm, after having been convicted two or more
times of the offense of Armed Robbery." The latter
count alleged that the defendant possessed "a High Point
handgun, upon which the manufacturer's serial number was
4 At the defendant's bench trial, officer John Byrne of
the Joliet police department testified that on July 27, 2013,
he received information to be on the lookout for the
defendant, possibly driving a white Chevrolet Impala. Upon
observing a white Impala, Byrne performed a traffic stop.
Three individuals were in the Impala, but the defendant was
not among them. However, Byrne noticed the defendant sitting
on a porch in front of an apartment building "right next
to where the traffic stop was initiated." Byrne also
observed a green Oldsmobile Cutlass in the parking lot of the
apartment complex. After learning that the defendant was the
registered owner of the green Cutlass, Byrne maintained
visual contact with that vehicle until a search warrant could
5 Officer Chris Delaney, an evidence technician for the
Joliet police department, testified that he was directed to
search the green Cutlass parked at 1911 Moore Street. Delaney
performed the search alongside Detective Jeffrey German.
Delaney testified that he discovered the following items in
the backseat of the Cutlass: a .22-caliber Ruger handgun;
"a black .40 caliber semi-automatic handgun
Hi-Point"; an "AR-15 style rifle"; and a black
canvas bag containing five 30-round magazines for the rifle,
a box of .32-caliber ammunition, and a box of .223-caliber
ammunition for the rifle. Delaney explained that the rifle
was in its own bag, while the two handguns were wrapped in a
sweatshirt. Delaney found latent fingerprints on the box of
rifle ammunition, and submitted those for analysis.
6 Detective German testified that he was dispatched to 1911
Moore Street on the afternoon of July 27, 2013. When he
arrived at the scene, the defendant was handcuffed in the
back of a squad car, holding an iPhone. German collected the
iPhone for evidence and obtained the defendant's consent
to search his apartment. The State submitted into evidence
the form signed by the defendant authorizing the search. That
form listed the defendant's address as 1911 Moore Street,
apartment No. 103. The State also submitted into evidence the
vehicle registration for the green Cutlass. That vehicle was
registered to defendant with an address of 1911 Moore Street,
apartment No. 103.
7 German testified that he participated in the search of the
defendant's apartment. During that search, German found a
handmade cardboard target. German testified that he observed
five holes in the target, and surmised that those holes had
been made by arrows.
8 German also participated in the search of the green
Cutlass. He described in detail the nature of the location of
the items found during that search. Across the backseat of
the vehicle was a black garment bag. Inside that garment bag
was a rifle case, and inside the case was the rifle. A pile
of items were found on the rear driver's side floorboard.
At the top of that pile was a red plastic bag, which
contained, among other items, a health insurance card bearing
the defendant's name. Immediately beneath the red bag,
wrapped in a black sweatshirt, were two handguns: a
.40-caliber semiautomatic handgun and a .22-caliber Ruger
revolver. German testified that the serial number on the
.40-caliber semiautomatic handgun had been defaced. Beneath
those handguns was a zipped bag, containing five empty rifle
magazines and two boxes of ammunition.
9 German also found a number of papers in the front passenger
seat of the green Cutlass. These papers included a towing
receipt for the Cutlass, dated March 3, 2013, and signed by
the defendant. They also included a receipt from Walmart
dated March 18, 2013, bearing the defendant's name and
address. In the trunk of the green Cutlass, German found a
crossbow with arrows.
10 German testified that he entered the defendant's
apartment using keys that the defendant provided. That
keychain did not include a key for the green Cutlass. German
testified that a slim jim was used to open that vehicle. He
testified that the keys to the green Cutlass were never
11 Michael Murphy was qualified as an expert in the field of
fingerprint examination. He testified that two of seven
latent prints submitted by Delaney were suitable for
comparison. He testified that a print found on the box of
rifle ammunition matched the defendant. Murphy gave no
testimony regarding the second fingerprint.
12 Officer Chris Botzum of the Joliet police department
testified that he performed an extraction on the
defendant's phone. The extraction produced four
photographs, each of which was submitted into evidence by the
State. Two of the pictures were of the rifle found in the
backseat of the green Cutlass. Botzum testified that each of
those pictures was dated July 15, 2013. The other two
pictures were of the defendant himself, one dated March 31,
2013, and the other dated June 22, 2013.
13 Following Botzum's testimony, the State entered into
evidence two certified convictions, showing that the
defendant had previously been convicted twice of armed
robbery. The State rested.
14 The defendant testified in his own defense. He testified
that the green Cutlass belonged to Anton Spencer. The
defendant and Spencer had been close friends for
approximately 25 years. Using Spencer's money, the
defendant had purchased the vehicle for Spencer and
Spencer's girlfriend, Micah Smith, in the defendant's
name in March 2013. The defendant did this because both
Spencer's and Smith's driver's licenses were
15 The defendant testified that his vehicle was the white
Impala stopped by Byrne on the date in question. The
defendant explained that his mechanic, Timothy Potter, was
driving the vehicle to a store to have the brakes replaced.
Potter's girlfriend and Spencer were also in the vehicle.
According to the defendant, Spencer had driven the green
Cutlass to the ...