People v. Alicea

Illinois Appellate Court
Criminal Court
Possession of Weapons
Citation
Case Number: 
2013 IL App (1st) 112602
Decision Date: 
Wednesday, October 30, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed.
Justice: 
MASON
Defendant was convicted, after bench trial, of unlawful possession of a weapon by a felon. Although facts support inference that Defendant lived in his fiancee's apartment, they are not sufficient in face of other evidence to sustain State's burden to prove beyond a reasonable doubt his possession and control of bedroom where weapon and ammunition was found in armoire and underneath mattress. (HYMAN and PALMER, concurring.)