(Modified upon denial of rehearing 7/17/19.) Defendant was convicted, after bench trial, of unlawful possession of a firearm by a street gang member and 10 counts of aggravated unlawful use of a weapon (AUUW). A witness's opinion as to whether a certain organization is a "street gang" is one that requires specialized knowledge. Because officer was not qualified as an expert, his failure to testify to the basis of his opinion that the Black P. Stones was a street gang was fatal to the State's case and insufficient to prove his possession of a firearm by a street gang member. Thus, Defendant's conviction on that count is reversed.Defendant did not object to admission of Illinois State Police certified letter (offered to prove that he had never been issued a FOID card or concealed carry license) at trial or in a posttrial motion. Thus, the plain error doctrine is inapplicable. (PUCINSKI and HYMAN, concurring.)
Illinois Appellate Court
Criminal Court
Possession of Weapons