People v. McIntyre 

Illinois Appellate Court
Criminal Court
Accountability Theory
Citation
Case Number: 
2011 IL App (2d) 100889
Decision Date: 
Wednesday, December 14, 2011
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Reversed.
Justice: 
BURKE
State failed to prove Defendant guilty, beyond a reasonable doubt, of unlawful possession of a weapon by a felon or of possession of a weapon without FOID card. State presented no evidence that person who had a firearm was a convicted felon, so Defendant could not be guilty under accountability theory. State failed to prove that Defendant constructively possessed a weapon, as State failed to prove that he had immediate and exclusive control over area where weapon was found; gun was found on side of seat closest to passenger door of vehicle which Defendant was driving. FOID card conviction cannot stand, as State failed to establish that Defendant possessed the weapon. (McLAREN and HUTCHINSON, concurring.)