Court erred in revoking Defendant's conditional discharge for committing the offense of being a felon in possession of a weapon. For approximately 10 minutes, Defendant possessed a gun, which Defendant's younger brother or a friend had stolen, for purpose of returning gun to the store. The affirmative defense of necessity applied to Defendant. Returning stolen gun to its rightful owner promoted a higher value than refraining from being a felon in possession of a weapon for the 10 minutes it took Defendant to return gun to store, and Defendant showed that no other courses of action were available to him. Fundamental fairness demanded that the court deny State's petition to revoke conditional discharge, as purposes of Defendant's conditional discharge--his rehabilitation and protection of the public--are served by his continued liberty. (HOLDRIDGE and LYTTON, concurring.)
Illinois Appellate Court
Criminal Court
Conditional Discharge