People v. Crosby

Defendant was convicted, after jury trial, of armed habitual criminal (AHC), and was acquitted of unlawful use of a weapon by a felon (UUWF). Defendant, through counsel, had stipulated that his conviction of aggravated battery of a peace officer was a qualifying offense for purposes of AHC. Defendant's conviction for AHC should be reversed, as absent the stipulation, State could not have proved Defendant guilty of the offense. Both UUWF offenses contain the same elements, and prohibition against double jeopardy precludes entry of a conviction on the latter following his acquittal of the former. (HYMAN and PUCINSKI, concurring.)