Defendant was convicted, after bench trial, of being an armed habitual criminal (AHC), of aggravated unlawful use of a weapon (AUUW), and of unlawful use of a weapon by a felon. Based on totality of circumstances, given Defendant's furtive behavior and repeated efforts to conceal the weapon, officers had reasonable suspicion to suspect that criminal activity was afoot at time they initiated seizure, when officers surrounded vehicle and began issuing orders to the occupants. Gun fell to the ground when Defendant exited the vehicle. Defendant's convictions for AHC and AUUW are both premised on his possession of a single loaded firearm, and thus violate the one-act, one-crime rule.Because AUUW conviction is the less serious offense, it is vacated.(MASON, concurring; HYMAN, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Weapons