People v. McFadden

Defendant, then age 17, was indicted on 6 counts of aggravated unlawful use of a weapon (AUUW) for events involving 2 separate firearms. Evidence at bench trial established that Defendant robbed 3 different victims at gunpoint within a 24-hour period. Defendant may seek to vacate his prior 2002 conviction for AUUW under the void ab initio doctrine based on Supreme Court's Aguilar decision. However, that remedy would not extinguish requirement that Defendant clear his felon status before obtaining a firearm.  Thus, his prior conviction properly served as proof of predicate felony conviction for UUW by a felon. The UUW by a felon statute does not require State to prove pedicate offense at trial. Proscription under that statute applies to any person who has been convicted of a felony, and is not limited to only those persons whose prior felony convictions are not later subject to vacatur. Court's imposition of concurrent 29-year prison terms for armed robbery convictions is below the maximum sentences permissible, and no sentencing reduction or remand is necessary.(GARMAN, FREEMAN, THOMAS, and KARMEIER, concurring; KILBRIDE and BURKE, concurring in part and dissenting in part.)