People v. Ross 

Illinois Appellate Court
Criminal Court
Ex Post Facto Laws
Citation
Case Number: 
No. 1-09-1463
Decision Date: 
Friday, March 11, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
R.E. GORDON
(Court opinion corrected 4/6/11.) Defendant was convicted, after bench trial, of aggravated unlawful use of a weapon (AAUW) and of being an armed habitual criminal. Evidence was sufficient to establish that Defendant had knowledge of firearms found behind driver's seat of an auto that Defendant did not own. Gun was in plain view, and vehicle's owner testified that 55 minutes prior to police finding gun in back seat, only an infant seat was there, and Defendant had possession and control of vehicle during that time. Defendant left the vehicle when police approached, which provides reasonable inference of flight and of his possession of gun. Armed habitual criminal statute is a constitutionally permissible restriction of second amendment right to bear arms, and it serves a substantial governmental interest. Statute punishes Defendant not for offenses he committed prior to statute's effective date, for for new and separate crime he committed thereafter, and thus does not violate ex post facto laws. (CAHILL and McBRIDE, concurring.)