People v. Smith

State has great latitude in making closing argument; and defense can rebut State in closing argument. Although in Aguilar case, Illinois Supreme Court has deemed AUUW statute unconstitutional on its face, Defendant did not clear his felon status prior to obtaining the weapon that led to his conviction under constitutionally valid UUWF statute. Thus, Defendant's prior AUUW conviction properly served as proof of predicate felony conviction for UUWF. A prior conviction based on a statute that has been subsequently declared facially unconstitutional may serve as proof of predicate felony conviction in prosecuting a UUWF offense. Aggravated unlawful use of a weapon by a felon (AUUW) statute, as written, is unconstitutional on its face, and thus is not enforceable against anyone. Thus, Defendant's conviction for AUUW is vacated. (SIMON and PIERCE, concurring.)