People v. Oduwole

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (5th) 120039
Decision Date: 
March 6, 2013
District: 
5th Dist.
Division/County: 
Madison Co.
Justice: 
CATES
Holding: 
Affirmed in part and reversed in part.
Defendant appealed conviction of attempt (making a terrorist threat), a Class 1 felony. Defendant was then a 21-year-old full-time student at SIU-Edwardsville. State failed to present sufficient evidence to prove beyond a reasonable doubt that he performed acts constituting a substantial step toward commission of offense of making a terrorist threat, and that he did so with intent to make a terrorist threat. Paper upon which threat of "murderous rampage" was found by police inside Defendant's locked vehicle, and was not prominently displayed, and no evidence that Defendant was going to disseminate the paper; and Movie Maker file and PayPal account are not materials specially designed for unlawful purposes. (CHAPMAN and STEWART, concurring.)