Defendant was convicted, after bench trial, of 1 count of being an armed habitual criminal (AHC) and 2 counts of unlawful use or possession of a weapon by a felon (UUWF). Evidence was sufficient to show that Defendant exercised immediate and exclusive control over attic where assault rifle and ammunition were found. Court could reasonably have concluded that Defendant exercised exclusive control over attic where contraband was found, where it could be inferred that Defendant was the only person living at address who could have climbed attic stairs and accessed attic space to place weapon there. Evidence established that Defendant had constructive possession of assault rifle and ammunition recovered from attic by police. (CONNORS and HARRIS, concurring.)
Illinois Appellate Court
Criminal Court
Possession of Weapons