(Court opinion corrected 7/6/16.) Defendant was arrested on a city bus after police officers investigated a call that a person on that bus was carrying a weapon. Defendant pled guilty to 1 charge of aggravated unlawful use of a weapon (AUUW) in exchange for 6-year prison sentence, and State nolle prosequied the remaining 7 counts. Defendant's conviction pursuant to subsection (3)(B) of Criminal Code (which prohibits possession of an uncased firearm that is unloaded and the ammunition for weapon is immediately accessible) must be vacated, as principle of People v. Aguilar finding of subsection (3)(A) as facially unconstitutional extends to subsection (3)(B). Appeal concerns only court's denial of Section 2-1401 petition to vacate conviction of AUUW, and any issues related to nolle prosequied counts are not properly before Appellate Court.(CONNORS and HARRIS, concurring.)
Illinois Appellate Court
Criminal Court
Appellate Jurisdiction