Defendant was found guilty of being an armed habitual criminal and was sentenced to 13 years in prison. On appeal, he argued that the trial court erred when it refused to instruct the jury on necessity. Defendant had claimed that the civil unrest following the 2020 killing of George Floyd excused his firearm possession. Defendant also argued that the AHC statute violates both the federal and state constitutions. The appellate court affirmed, finding defendants constitutional challenges lacked merit and that the trial court did not abuse its discretion in refusing the necessity instruction because the civil unrest was too general and remote to constitute a specific and immediate threat for defendant to reasonably believe it was necessary for him to possess a firearm. (LAMPKIN and D.B. WALKER, concurring)
Illinois Appellate Court
Criminal Court
Armed Habitual Criminal