People v. Costello

Evidence was sufficient to prove Defendant guilty, beyond a reasonable doubt, of violation of order of protection. State alleged that Defendant failed to turn over all firearms in his possession, and sheriff's deputy found no guns in gun safe and observed no guns in Defendant's possession upon execution of warrant. State was not required to prove that Defendant was in possession of firearms described in order of protection, because Defendant never raised affirmative defense of impossibility. To prove defense of impossibility, a defendant must present some evidence that it was impossible for him to comply with court's order unless State's evidence raises the issue. (LYTTON and WRIGHT, concurring.)