People v. Velez

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2012 IL App (1st) 110801
Decision Date: 
December 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Justice: 
CUNNINGHAM
Holding: 
Reversed and remanded.
State is not required to present at preliminary hearing proof of every element of every offense charged. As State presented sufficient evidence for requirements of Section 111-2(f) of Code of Criminal Procedure, court erred in dismissing counts of being an armed habitual criminal, unlawful use of a weapon by a felon, and unlawful use or possession of a weapon by a felon; dismissed counts arose from same conduct as aggravated vehicular hijacking and armed robbery counts of preliminary hearing. (HOFFMAN and DELORT, concurring.)