People v. Lozano

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2017 IL App (1st) 142723
Decision Date: 
Friday, March 31, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
REYES

Defendant was convicted, after jury trial, of unlawful possession of a firearm by a street gang member and aggravated unlawful use of a weapon, predicated on Defendant not possessing a valid FOID card. State failed to present any evidence that street gang Defendant was alleged to be a member of "engages in a course or pattern of criminal activity", as defined by Illinois Streetgang Terrorism Omnibus Prevention Act.  State failed to present evidence that a gang-related criminal offense was committed by or thourgh a member of gang after the effective date of the Act, and failed to present evidence that 2 such offenses were committed within 5 years of each other.(LAMPKIN, concurring; GORDON, dissenting.)