People v. Verner

── People v. Verner ── Court: Appellate Court of Illinois Date: April 24, 2026 Category: General NOTICE 2026 IL App (4th) 250083-U This Order was filed under FILED April 24, 2026 Supreme Court Rule 23 and is NOS. 4-25-0083, 4-25-0084 cons. Carla Bender not precedent except in the 4th District Appellate limited circumstances allowed IN THE APPELLATE COURT Court, IL under Rule 23(e)(1). OF ILLINOIS FOURTH DISTRICT THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Plaintiff-Appellee, ) Circuit Court of v. ) Stephenson County MARCQUETTE J. VERNER, ) Nos. 22CF304 Defendant-Appellant. ) 23CF63 ) ) Honorable ) Glenn R. Schorsch, ) Judge Presiding. PRESIDING JUSTICE STEIGMANN delivered the judgment of the court. Justices Lannerd and Vancil concurred in the judgment. ORDER ¶1 Held: The appellate court affirmed defendant’s convictions and sentences but ordered the correction of the mittimus to reflect defendant’s three-year term of mandatory supervised release, concluding that (1) the trial court did not abuse its discretion by extending the speedy-trial term to complete DNA testing; (2) the court did not err in finding defendant fit to stand trial following a retrospective fitness hearing; (3) defendant’s 12-year sentence was neither excessive nor the product of an improper double enhancement; and (4) the armed habitual criminal statute does not violate the second amendment (U.S. Const., amend. II). ¶2 In October 2022, the State charged defendant, Marcquette J. Verner, with two counts of unlawful use of a weapon by a felon (UUWF) (720 ILCS 5/24-1.1(a) (West 2022)) and one count of being an armed habitual criminal (AHC) (Stephenson County case No. 22-CF-304) (id. § 24-1.7(a)(2)). In March 2023, the State charged defendant with aggravated battery of a correctional officer arising out of an incident that occurred in the Stephenson County jail (Stephenson County case No. 23-CF-63) (id. § 12-3.05(d)(4)). ¶3 In June 2023, a jury found defendant guilty of AHC and UUWF. In a bench trial that same month, the trial court found defendant guilty of aggravated battery. The court later sentenced defendant to concurrent sentences of 12 years for AHC and 5 years for aggravated battery. ¶4 Defendant appealed, arguing the trial court erred by relying on stipulations to the expert’s fitness report to find he was fit to stand trial. This court agreed, reversed the trial court’s April 19, 2023, finding that defendant was fit to stand trial and be sentenced, and remanded for a retrospective fitness hearing. People v. Verner, No.4-23-0923 (2024) (unpublished summary order under Illinois Supreme Court Rule 23(c)). On remand, the trial court again found defendant had been fit to stand trial and be sentenced. ¶5 Defendant appeals, arguing that (1) the trial court abused its discretion by granting the State a 120-day extension of the speedy-trial term to complete DNA testing; (2) the court erred by finding him