Illinois Appellate Court
Criminal Court
Fair Trial
Defendant was convicted, after jury trial, of aggravated unlawful use of a weapon. Defendant was denied a fair trial when prosecutor misstated evidence in closing argument, by incorrectly stating that Defendant had told police he found a gun in his car. Evidence was closely balanced; no physical evidence linked Defendant to gun, Defendant denied knowledge of gun, and a passenger was in car when officer stopped him. Misstatement spoke directly to issue of Defendant's knowledge of gun, and thus error substantially prejudiced him and was a material factor in conviction. (CUNNINGHAM and CONNORS, concurring.)