People v. Dawson 

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
No. 1-08-2106
Decision Date: 
Wednesday, August 18, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 3rd Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
MURPHY
Defendant was convicted, after bench trial, of three counts of aggravated discharge of a firearm and two counts of aggravated unlawful use of a weapon ("AUUW"). AAUW statute is not unconstitutional, even in light of U.S. Supreme Court cases of Heller and McDonald, which were specifically limited to holding that D.C. and City of Chicago ordinances prohibiting handgun possession in homes violated Second Amendment, as those cases do not define the fundamental right to bear arms to include activity barred by the AUUW statute. Court's credibility determination was not in error; despite witness's obvious imperfections as a witness, his prior testimony and statements comport with physical evidence, testimony and circumstantial evidence presented at trial. Ample corroborating evidence supports trial court's conclusion, and supports statement, later disavowed by witness, which identified Defendant as a shooter in two incidents. (QUINN and STEELE, concurring.)