People v. Collins

Defendant was indicted for two counts of aggravated unlawful use of a weapon, possession of a firearm-not eligible for a FOID card, and unlawful possession of a weapon by a felon. The matter went to trial on the UPWF charge and a jury found defendant not guilty. Defendant then moved to bar prosecution on the remaining counts based on collateral estoppel/issue preclusion and double jeopardy. The trial court granted the motion to dismiss in part, dismissing the charge related to the FOID card but denying it as to the AUUW count and defendant appealed. The appellate court reversed, finding that the issue of whether defendant knowingly carried a firearm was rejected by the jury at the first trial, the State is precluded from prosecuting defendant on the theory that he knowingly carried a firearm and, as a result, that the trial court erred in denying defendant’s motion to bar prosecution of the AUUW count. (BIRKETT and KENNEDY, concurring)