City of Chicago v. Jeffries

State: Illinois

Court: 1st District Appellate

Docket No: 1-02-2866 Rel

Case Date: 02/06/2004

SIXTH DIVISION
February 6, 2004

No. 1-02-2866

THE CITY OF CHICAGO, a Municipal Corporation,

Plaintiff-Appellant,

ROBERT JEFFRIES,

Defendant-Appellee.

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Appeal from the
Circuit Court of
Cook County.

The Honorable
Gerald T. Winiecki,
Judge Presiding.

JUSTICE GALLAGHER delivered the opinion of the court:

Defendant Robert Jeffries pled guilty and was convicted of possession of cannabis andfailure to register four firearms. The trial court entered an order releasing two of the firearms todefendant with the direction that he disable them. Plaintiff City of Chicago filed a motion toreconsider the trial court's order, and the court denied the motion. On appeal, plaintiff contendsthe trial court had no authority to release the firearms, and in doing so, the court disregarded themandatory forfeiture provision in section 8-20-220 of the Chicago Municipal Code (ChicagoMunicipal Code