People v. Sweigart

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2021 IL App (2d) 180543
Decision Date: 
Monday, February 22, 2021
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed.
Justice: 
ZENOFF

Defendant was convicted, after jury trial, of failing to register in accordance with requirements of the Murderer and Violent Offender Against Youth Registration Act. State failed to prove that Defendant was in Aurora on or about 6/1/2017, and that he lacked a fixed residence at that time. A person may obtain a fixed residence even before he or she spends 5 days at that location. When Defendant was arrested, officers found him at an address that he twice told the Aurora Police Department in 2017 was his fixed residence. State failed to prove that Defendant violated the Act's registration requirements.  (BRIDGES and SCHOSTOK, concurring.)