People v. Brown

Illinois Appellate Court
Criminal Court
Possession of Weapons
Citation
Case Number: 
2018 IL App (3d) 150070-B
Decision Date: 
Monday, July 23, 2018
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
O'BRIEN

Defendant was convicted, after bench trial, of armed violence, unlawful possession of a weapon by a felon, and unlawful possession of a controlled substance. The acts of armed violence based on drug possession and possession of a weapon by a felon are separate acts. Even though both offenses involve possession of a gun, the armed violence count also includes the separate act of simultaneously possessing drugs. Unlawful possession of a gun by a felon is not a lesser-included offense of armed violence. Entry of judgment on both convictions did not violate 1-act, 1-crime principles and was not error. (HOLDRIDGE and WRIGHT, concurring.)