Defendant was convicted, after bench trial, of being an armed habitual criminal (AHC) and AUUW (aggravated unlawful use of a weapon). State presented sufficient evidence to prove beyond a reasonable doubt that Defendant constructively possessed the firearm and was guilty of UUWF (unlawful use of a weapon by a felon). Defendant's UUWF and AUUW convictions derive from the same physical act, possessing the firearm discovered in the van. Thus, AUUW conviction is vacated, as it is a lesser offense than the UUWF offense. Sentence of 10 years for UUWF is within statutory range and is not excessive. Sentence of 10 years for AHC is not an abuse of discretion; court stated that it was not considering Defendant's pending attempted murder charge as a factor. (HOLDRIDGE, concurring; McDADE, specially concurring.)
Illinois Appellate Court
Criminal Court
Sentencing