People v. Barefield

Illinois Appellate Court
Criminal Court
Weapons
Citation
Case Number: 
2019 IL App (3d) 160516
Decision Date: 
Tuesday, July 30, 2019
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded with directions.
Justice: 
McDADE

Defendant was convicted for armed habitual criminal. Remanded with directions for circuit court to examine court records to determine whether Defendant's 2 prior aggravated unlawful use of a weapon (AUUW) convictions, in felony cases file in 2006 and 2009, were entered under one of the facially unconstitutional sections of the AUUW statute. If either conviction was, then court is directed to vacate that conviction and the conviction for armed habitual criminal entered in this case. (WRIGHT, concurring; HOLDRIDGE, concurring in part and dissenting in part.)