Defendant was convicted, after bench trial, of aggravated unlawful use of a weapon (AUUW). Defendant's right to confront witnesses against him was violated when State was allowed to admit a certified letter from Illinois State Police sergeant stating that Defendant had applied for but was denied FOID card based on pending felony indictment. Letter constituted a testimonial affidavit from a nontestifying witness for its truth, which established an element of AUUW. Certified letter was an affidavit, as it was a declaration of facts written down and sworn to by declarant before an officer authorized to administer oaths, and was made under circumstances which would lead objective witness reaosonably to believe that statement would be available for use at a later trial. Whether Defendant owned FOID card was element of AUUW, and thus use of letter at trial was not harmless error.(CUNNINGHAM and HARRIS, concurring.)
Illinois Appellate Court
Criminal Court
Confrontation