Illinois Appellate Court
Criminal Court
Second Amendment
Defendant was convicted, after jury trial, of aggravated battery and aggravated unlawful use of a weapon (AUUW). Conviction for AUUW is void as AUUW statute is facially unconstitutional, as it violates the second amendment. Defendant’s status as a felon does not render conviction under the charged section of AUUW statute. Before court orders Defendant to pay for services of court-appointed counsel, court must give notice to Defendant, and give opportunity to be heard at hearing on ability to pay. (KNECHT and TURNER, concurring.)