Defendant was convicted, after jury trial, of armed violence, the predicate offense of possession of cannabis with intent to deliver, and armed habitual criminal. State failed to prove that Defendant was "armed," within the meaning of the armed violence statute, because the gun on the couch (in front part of apartment) was not immediately accessible to Defendant, who was fleeing toward rear exit when police entered apartment to execute a search warrant. As Defendant could not have "used" the gun when officers entered the apartment, he was not "otherwise armed" at that time. As Defendant failed to show how the loss of cannabis, scale, or keys from police evidence vault hindered his defense, he did not show that he was prejudiced by counsel's failure to file a routine discovery motion and a later motion for sanctions. No ineffective assistance of counsel when defense counsel implied to the jury that Defendant had been convicted of "several" prior felonies, when State had moved to introduce only one felony. (FITZGERALD SMITH and HOWSE, concurring.)
Illinois Appellate Court
Criminal Court
Possession of Weapons