People v. Soto

Defendant was convicted, after jury trial, of unlawful use of a weapon (UUW) by a felon. Defendant challenged, in this appeal, his prior conviction for Class 2 form of AUUW as unconstitutional. Defendant's prior AUUW conviction is not unconstitutional, as AUUW statute under which Defendant was convicted is a reasonable regulation of second amendment right to bear arms. Section 111-3 notice provision did not apply as State did not seek to enhance Defendant's sentence; and State proved prior felony conviction, as element of offense, at trial through stipulation. (PALMER, concurring; GORDON, concurring in part and dissenting in part.)