People v. Howard

(Court opinion corrected 4/18/14.) Defendant was convicted of possession of a controlled substance and unlawful use of a weapon by a felon (UUW). Court exposed Defendant to double jeopardy by finding him not guilty of two counts of UUW at trial based on State's failure to prove parole status and then rescinding finding at sentencing when State brought forward proof of said status. Two convictions for UUW are thus vacated, and case remanded for resentencing. Regardless of basis for court's decision, State is precluded from using Defendant's parole status on remand to re-establish Class 2 UUW, as that would be second prosecution for same offense of which Defendant was already acquitted. Statute allows for multiple convictions based on single act of possessing a firearm containing ammunition.(CONNORS and DELORT, concurring.)