People v. Smith

Defendant was convicted, after jury trial, of armed robbery with a firearm and sentenced to 20 years with mandatory add-on of 15 years.  Defendant's 2003 Aggravated Unlawful Use of a Weapon (AUUW) conviction was based on an unconstitutional statute, and thus court erred in relying on it in sentencing him, and error was not harmless.  Resentencing is required also because appellate court reversed Defendant's 2013 Cook County conviction for AUUW by a felon. (JORGENSEN and BIRKETT, concurring.)