Defendant was convicted, after jury trial, of 3 counts of 1st-degree murder, 2 counts of attempted 1st-degree murder, unlawful possession of a firearm by a street gang member, and mob action. Defendant’s conviction of unlawful possession of a firearm by a street gang member is reversed, and is reduced to aggravated unlawful use of a weapon, as evidence was sufficient to uphold a conviction of that offense; remanded for sentencing on that offense. State failed to introduce any evidence to establish that the Latin Kings were a “street gang” in that they engaged in a “course or pattern of criminal activity.” Double jeopardy precludes State from retrying Defendant with evidence that it failed to present at the first trial. (BURKE and BRIDGES, concurring.)
Illinois Appellate Court
Criminal Court
Possession of Weapons