Defendant was convicted, after jury trial, of unlawful possession of a weapon by a felon. Officers stopped vehicle, in which Defendant was a passenger, for failing to stop at a red light before making a right turn. Officer observed Defendant "moving around" with a handgun sticking out of front pocket of his sweatshirt. Officer took possession of handgun, after Defendant exited vehicle. Officer had reasonable suspicion that Defendant was armed in seizing gun, as he viewed Defendant in possession of gun. Court did not coerce a guilty verdict by instructing juror to keep deliberating after jury sent out a note "9 guilty, 3 not guilty. What next?". No error in court answering jury's note asking if the transcripts were available by saying that the transcripts were unavailable "today", as defense counsel specifically asked for this response to be given. No ineffective assistance of counsel in this request, as it was a strategic decision. (McBRIDE and BURKE, concurring.)
Illinois Appellate Court
Criminal Court
Possession of Weapons