People v. Johnson

Defendant was convicted, after bench trial, of offense of armed habitual criminal and sentenced to 7 ½ years. The offenses of armed habitual criminal and unlawful use or possession of a weapon by a felon (UUWF) do not have identical elements. As Defendant has been convicted of both a subsequent violation of UUWF statute and prior conviction for forcible felony, Defendant was appropriately charged and convicted of armed habitual criminal and thus his conviction did not violate proportionate penalties clause. Armed habitual criminal statute is not unconstitutional on its face. Amendments to FOID Card Act prohibit State Police from issuing Defendant a FOID card. (LIU and CUNNINGHAM, concurring.)