Defendant was found guilty of unlawful use of a weapon by a felon, aggravated battery, and resisting a police officer and was sentenced to 10 years in prison for the UUFW conviction to be served consecutively with a 3-year sentence for aggravated battery. On appeal, defendant challenged the sufficiency of the evidence for his UUWF conviction, the sufficiency of the evidence supporting the aggravated element of aggravated battery, the effectiveness of trial counsel, and the propriety of the sentence. The appellate court reversed in part and vacated in part, finding that defendant’s conviction for UUWF must be revered because the evidence did not establish that the defendant possessed a prohibited weapon where the evidence showed that defendant possessed a kitchen knife. The appellate court further found that defendant’s aggravated battery was no supported by the evidence and reduced it to simple battery. (BOIE and BOLLINGER, concurring)
Illinois Appellate Court
Criminal Court
Sufficiency of the Evidence