People v. Lopez

Defendant was found guilty of being an armed habitual criminal, unlawful use of a weapon by a felon, and two counts of aggravated unlawful use of a weapon and was sentenced to 10 years in prison on all four counts, to be served concurrently. On appeal, defendant argued that his convictions for unlawful use of a weapon by a felon and aggravated unlawful use of a weapon violated the one-act, one-crime doctrine, that his sole remaining conviction for being an armed habitual criminal was based on an unconstitutional statute and that his sentence was excessive and the trial court relied on an improper factor in aggravation during sentencing. The appellate court vacated defendant’s convictions for unlawful use of a weapon by a felon and aggravated unlawful use of a weapon, but affirmed his conviction and sentence for being an armed habitual criminal. (MIKVA and ODEN JOHNSON, concurring)