Defendant was found guilty of unlawful possession of a firearm by a street gang member and two counts of aggravated unlawful use of a weapon. The circuit court merged the counts and sentenced defendant to four and a half years in prison for unlawful possession of a firearm by a street gang member. On appeal, he argued that the State failed to prove that he was an active member of a street gang and that he was denied the effective assistance of counsel. The appellate court reversed defendant’s conviction for unlawful possession of a weapon by a street gang member, finding that the State failed to prove that defendant was a street gang member and remanded for the imposition of sentence on merged counts. The appellate court also found that defendant was not prejudiced by his counsel’s performance. (C.A. WALKER and JOHNSON, concurring)
Illinois Appellate Court
Criminal Court
Sufficiency of the Evidence