People v. Wright

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (1st) 111803
Decision Date: 
May 7, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Justice: 
HARRIS
Holding: 
Reversed.
State failed to prove Defendant guilty, beyond a reasonable doubt, of offense of aggravated unlawful use of a weapon, because it did not prove that Defendant knowingly or constructively possessed the weapon attributed to him. Defendant and another man fell down a flight of stairs, and he was found lying on top of or near a gun. State did not prove that Defendant exercised exclusive or immediate control over area where weapon was found, as Defendant did not reside there, and three other people were in basement area where weapon found. (QUINN and CONNORS, concurring.)