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People v. Bogan

Court of Appeals of Illinois, Third District

April 3, 2017

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
ANTONIO M. BOGAN, Defendant-Appellant.

         Appeal 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.

          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.

         ¶ 2 FACTS

         ¶ 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 obliterated."

         ¶ 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 be obtained.

         ¶ 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 found.

         ¶ 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 suspended.

         ¶ 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 ...


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