People v. Mimes

(Court opinion corrected 7/1/14.) Defendant was convicted, after bench trial, of attempted first degree murder, aggravated battery with a firearm, and aggravated unlawful use of a weapon (AUUW). Trial judge did not improperly assume role of prosecutor by considering other-crimes evidence against Defendant for limited purpose of identification. Defendant had sufficient notice prior to trial of alleged facts that increased penalty range of attempted murder conviction, and was not prejudiced in preparation of his defense. Convictions for attempted first degree murder and one count of AUUW did not violate one-act, one-crime rule, but rule was violated by convictions for aggravated battery with firearm and second count of AUUW. Relevant provisions of AUUW statute violate Second Amendment. (ROCHFORD and HALL, concurring.)