People v. Zimmerman

Illinois Supreme Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 109259
Decision Date: 
Thursday, November 18, 2010
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Appellate court reversed.
Justice: 
BURKE
Defendant was conficted with aggravated discharge of a firearm and aggravated unlawful use of a weapon. Court informed jury that Defendant had a delinquency adjudication (but without identifying the offense), and that the offense would have been a felony had the Defendant been an adult. Court properly informed jury that a delinquency adjudication for what would be a felony for an adult is an element of the offense of aggravated unlawful use of a weapon, rather than using it as a factor to increase the sentence from a misdemeanor to a felony. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and THEIS, concurring.)