(Court opinion corrected 1/25/18.) Minor defendant, then age 15, was charged in a 3-count petition for wardship, alleging 2 counts of aggravated unlawful use of a weapon (AUUW) and 1 count of unlawful possession of a firearm (UPF). The absence of presentation of a FOID card is insufficient to prove that a defendant actually lacked a FOID card; thus, finding of guilt on AUUW count is vacated. As defendant stated his birth date at arraignment and stipulated to juvenile jurisdiction, and testified at pretrial suppression hearing that he was 15, and did not object when officer testified that he was 15, evidence was sufficient to prove defendant's age. UPF count is vacated under the one-act, one-crime rule, as 3 counts were all based on possession of same handgun at same time. (BURKE and ELLIS, concurring.)
Illinois Appellate Court
Criminal Court
Juveniles