People v. Smith

(Court opinion corrected 7/17/15.)Defendant was convicted, after bench trial, of aggravated unlawful use of weapon (AUUW) and sentenced to one year probation. Greyhound bus driver saw butt of a handgun inside backpack which Defendant had left on back seat of bus; Defendant approached driver and told him the bag was his. When driver asked him what was in bag Defendant said, "nothing but a BB gun." Defendant's statement creates reasonable inference of "knowing possession", and that he intended to retain control and possession of bag and gun.State offered sufficient evidence to establish corpus delicti and guilt of AUUW beyond a reasonable doubt. Court erred in assessing $100 street gang fine as there is no evidence in record identifying defendant as a member of a street gang when he committed AUUW offense. (LAVIN, concurring; HYMAN, dissenting.)