People v. Campbell

Illinois Appellate Court
Criminal Court
Second Amendment
Citation
Case Number: 
2013 IL App (4th) 120635
Decision Date: 
Tuesday, December 24, 2013
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed in part, vacated in part, and reversed in part; remanded with directions.
Justice: 
STEIGMANN
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.)