Court of Appeals of Illinois, First District, Second Division
from the Circuit Court of Cook County, Illinois. No. 13 CR
3725 Honorable Timothy Chambers, Judge Presiding.
PRESIDING JUSTICE MASON delivered the judgment of the court,
with opinion. Justices Neville and Hyman concurred in the
judgment and opinion.
1 Defendant Quovadis Green, a security guard who possessed a
valid Firearm Owner's Identification Card, was observed
with a holstered weapon across the street from Senn High
School on November 12, 2012. He was convicted of two counts
of unlawful use of a weapon (UUW) for carrying a loaded,
accessible firearm while on a public street and while in a
vehicle. 720 ILCS 5/24-1(a)(4), (a)(10) (West 2010). Because
he committed those offenses within 1000 feet of a school, he
was sentenced on a Class 3 felony. Id. §
2 On appeal, Green argues that (1) the statute under which he
was convicted is unconstitutional on its face under Moore
v. Madigan, 702 F.3d 933 (7th Cir. 2012), People v.
Aguilar, 2013 IL 112116, and People v. Chairez,
2018 IL 121417; (2) the evidence was insufficient to convict;
and (3) one of his convictions should be vacated under the
one-act, one-crime rule.
4 On November 20, 2012, around 3:15 p.m., Dan Svoboda, a
teacher at Senn High School, observed a maroon van parked
across the street from the school. Green was standing outside
the van wearing a black security uniform. He appeared to be
carrying a gun in a holster on his hip. Svoboda observed the
gun twice over a 10-minute period.
5 Carter Carey, an assistant principal at Senn, also saw
Green standing outside the van. Svoboda informed Carey that
Green was carrying a gun. Carey then walked across the street
to speak to Green, who had entered the passenger side of the
van. Carey identified himself as the assistant principal of
the school and stated that he had "some concerns."
He asked Green whether he was a police officer, to which
Green replied that he was a security guard. Carey then walked
back across the street.
6 Svoboda called 911 and reported that Green had a gun.
Before police arrived, Carey observed the van turn into an
alley, come back northbound toward where he and Svoboda were
standing, and park directly across from them on the east side
of the street.
7 The parties stipulated that if called to testify, Officer
Cannon would state that on November 20, 2012, he was on duty
and received a 911 call regarding a man with a gun. When he
arrived at the scene, he observed Green in the front
passenger seat of a red van, wearing a security guard uniform
and an empty holster. Searching the van, Cannon recovered (1)
a magazine with 16 live rounds from the floorboard of the
passenger seat and (2) a cooler next to the passenger seat
with a Glock G17 pistol inside. The gun and magazine were
sent to the crime lab, and it was determined that the gun was
able to fire.
8 The parties further stipulated that Ray Schnoor, a Cook
County State's Attorney Investigator, would testify that
he measured the distance between Senn High School and where
Green was parked to be 97 feet.
9 The trial court found Green guilty of two counts of UUW for
possessing a loaded, accessible firearm in a vehicle (count
1) and on a public street (count 3). 720 ILCS 5/24-1(a)(4),
(a)(10) (West 2010). Because the court found that Green
committed these offenses within 1000 feet of a school, he was
sentenced to one year of probation as a Class 3 felony
10 Green filed a notice of appeal on November 21, 2014.
Briefing was completed in May 2017 and argument was held in
November 2017. During argument, we raised with the
parties the pending appeal in Chairez from an order
of the trial court declaring unconstitutional a related
provision prohibiting the carriage of firearms within 1000
feet of a public park. The parties acknowledged
Chairez's potential impact on the issues
presented here, and the State suggested we postpone ruling in
this case until Chairez was decided.
11 On February 1, 2018, our supreme court decided
Chairez, 2018 IL 121417, where it found section
24-1(a)(4), (c)(1.5) of the Criminal Code of 1961 (Code) (720
ILCS 5/24-1(a)(4), (c)(1.5) (West 2012)) (prohibiting the
carriage of firearms within 1000 feet of a public park)
unconstitutional. The court severed the prohibition on
carriage within 1000 feet of a park from the remainder of
that section. Following the ...