People v. Richardson

Illinois Appellate Court
Criminal Court
Second Amendment
Citation
Case Number: 
2015 IL App (1st) 130203
Decision Date: 
Monday, August 10, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed.
Justice: 
CUNNINGHAM
Defendant was convicted, after bench trial, of unlawful use of a weapon by a felon (UUWF). Defendant's prior 2010 conviction for aggravated felony (AUUWF), which was premised on a statutory provision which created Class 4 version of AUUW charge which was later held unconstitutional in Illinois Supreme Court's 2013 Aguilar decision, cannot stand as a predicate offense to support Defendant's UUWF conviction. Thus, State could not prove beyond a reasonable doubt an element of UUWF offense (a valid prior felony), and Defendant's conviction is reversed. (DELORT and HARRIS, concurring.)