People v. Mimes 

Illinois Appellate Court
Criminal Court
Due Process
Citation
Case Number: 
No. 1-08-2747
Decision Date: 
Monday, June 20, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
LAMPKIN
Defendant was convicted, after bench trial, of attempted first degree murder, aggravated battery with a firearm, and two counts of aggravated unlawful use of a weapon (AUUW). Court did not improperly assume role of prosecutor by considering other-crimes evidence against Defendant for limited purpose of identification. Defendant received sufficient notice prior to trial of alleged facts increasing penalty range of attempted murder conviction and was not prejudiced in preparation of defense. Convictions for attempted first degree murder and one count of AUUW did not violate the one-act, one-crime rule, but the convictions for aggravated battery with a firearm and a second count of AUUW did violate the rule. AUUW statute does not violate constitutional right to bear arms. (HALL and ROCHFORD, concurring.)