People v. Sanderson

Attempted residential burglary is not a "forcible felony", as its elements do not include a specific intent to carry out a violent act. No evidence, under facts of this case, that Defendant contemplated the use of force. Thus, State did not prove beyond a reasonable doubt Defendant's willingness to use violence against another.  As Defendant's conviction for attempted residential burglary could not serve as one of the predicate offenses for armed habitual criminal, his conviction for that offense is reversed. As both of Defendant's convictions arising out of possession of weapons were based on single physical act of possessing a handgun, the conviction on the less serious charge (AUUW) is vacated under the one-act, one-crime rule. (FITZGERALD SMITH and PUCINSKI, concurring.)