People v. Brown

Illinois Appellate Court
Criminal Court
Jury
Citation
Case Number: 
2020 IL App (1st) 180826
Decision Date: 
Friday, December 18, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
CUNNINGHAM

Defendant was convicted, after jury trial, of being an armed habitual criminal. Defendant failed to show prejudice from defense counsel's decision not to object to Defendant's absence during the juror challenge process. Defendant did not show that the chosen jurors were not impartial. Defendant's 1996 conviction for unlawful possession of a weapon is vacated as void, as he was convicted under subsection 24-1(A)(4) of the Criminal Code which has been held unconstitutional. Defendant put forth this challenge in an appellate brief, which was an appropriate pleading, and appellate court has jurisdiction over the parties and the case. (HOFFMAN and ROCHFORD, concurring.)