People v. Gibson 

(Correcting court designation appearing in 8/30/10 E-Clips.) State failed to establish beyond a reasonable doubt the essential elements of unlawful possession of a weapon by a felon under accountability theory, where no evidence was presented to establish that either of the two principals who had weapons was a convicted felon. Necessity defense requires that the person claiming the defense was without blame in developing the situation, and the person reasonably believed that his conduct was necessary to avoid an injury greater than the injury that might have resulted from his conduct. Defendant did not satisfy second prong of defense, as he had ample opportunities to comply with the law and to depart from the incident. Fifteen-year enhancement for aggravated kidnapping while armed with a firearm violates the proportionate penalties clause of the Illinois Constitution and is unenforceable; thus, remand for resentencing is required. (ZENOFF and HUTCHINSON, concurring.)