People v. Scott

(Court opinion corrected 9/2/11.) Defendant was convicted of armed violence, after bench trial. Officers, executing search warrant, observed shotgun on floor underneath love seat in living room where Defendant was standing. Evidence was sufficient to convict Defendant of armed violence, as he never abandoned the dangerous weapon; the weapon's presence created the type of danger that armed violence statute was intended to prevent. As Defendant admitted that he had been weighing out and smoking cannabis, evidence showed that he was in the business of selling cannabis, an enterprise he knew was dangerous, and that he protected his business with his shotgun, kept close to his merchandise; he was thus "armed" within meaning of statute. (HUTCHINSON and ZENOFF, concurring.)