Illinois Appellate Court
Criminal Court
Constructive Possession
Defendant appealed from his conviction for unlawful use of weapons, arguing that the State failed to prove beyond a reasonable doubt that defendant constructively possessed a firearm. The appellate court reversed, explaining that while it did not set aside the jury’s verdict lightly there was nonetheless insufficient evidence to connect the defendant to the gun where there was no direct evidence that defendant knew about the gun, there were multiple people in the vehicle where the gun was found, and where the officers’ view of the defendant was obstructed by the car’s seats and its other passengers. (MIKVA and NAVARRO, concurring)