People v. Johnson

Defendant appealed from his conviction for unlawful use of a weapon by a felon, arguing that the circuit court erred when it did not hold a hearing on defendant’s claims of ineffective assistance of counsel, that trial counsel was ineffective for failing to move to quash his arrest and suppress evidence, and that the statute prohibiting felons from possessing firearms is either facially unconstitutional or unconstitutional as applied to the defendant. The appellate court affirmed, finding that the record was not sufficiently developed to determine whether trial counsel was ineffective, the statute was not facially unconstitutional, and that defendant forfeited the argument that it was unconstitutional as applied to him. (ODEN JOHNSON and NAVARRO, concurring)