People v. Spears

Defendant was found guilty of unlawful possession of a weapon by a felon and was sentenced to 14 years in prison. On appeal, defendant argued that the provisions of the statute that made the simultaneous possession of a firearm or firearm ammunition and body armor by a felon a Class X felony with an enhanced sentencing range violates the due process clauses of the state and federal constitutions. Defendant also argued that his sentence was excessive and that the statutes violated his right to bear arms. The appellate court reject defendant’s constitutional arguments, found his sentence was not excessive, and affirmed. (HACKETT and CLARKE, concurring)