Defendant was convicted, after bench trial, of unlawful use of a weapon by a felon. A rational factfinder could have found that Defendant knowingly possessed the firearm. Actual possession analysis is appropriate because trial court's determination of credibility of officer who testified that the bag (which contained nothing other than a firearm) was around Defendant's shoulder. Based on that testimony, Defendant exercised immediate dominion and control over the bag, and it is rational to infer that Defendant knew the bag's content. Defendant secreted the bag from officers' view as they approached, walked away, and failed to obey officer's initial orders to stop. Court did not err in denying Defendant's motion to quash arrest and suppress evidence. (LAVIN ad PUCINSKI, concurring.)
Illinois Appellate Court
Criminal Court
Possession of Weapons