Defendant was convicted, after bench trial, of 1 count of reckless discharge of a firearm and 2 counts of unlawful use of a weapon by a felon (UUWF). Legislature intended ter "an individual" to mean someone other than the "person" who is charged with offense of reckless discharge of a firearm. Discharging a firearm in an empty apartment in Chicago, without evidence that other people or homes were in vicinity of discharge, was insufficient to establish that Defendant endangered bodily safety of another individual or others. State failed to meet its burden of proof that Defendant's reckless conduct engangered bodily safety of another person or others. Defendant's convictions for UUWF violate one-act, one-crime rule as both arose out of same physical act--possession of the same loaded firearm. (CUNNINGHAM and DELORT, concurring.)
Illinois Appellate Court
Criminal Court
Weapons