People v. McFadden

(Court opinion corrected 2/5/14.) Defendant was convicted, after bench trial, of three armed robberies while armed with firearm and unlawful possession of use of weapon (UUW) by a felon. Although evidence shows discrete armed robberies, there is no evidence that possession of firearm was not singular and continuous throughout time in issue, thus convictions for UUW by a felon are based on same physical act and thus one conviction must be vacated. Fifteen-year sentence enhancement imposed is constitutional. Defendant's Class 4 AUUW conviction, based on statute found unconstitutional, cannot stand as a predicate offense for his UUW by a felon conviction. (NEVILLE and MASON, concurring.)