People v. Irwin

Illinois Appellate Court
Criminal Court
Possession of Weapons
Citation
Case Number: 
2017 IL App (1st) 150054
Decision Date: 
Tuesday, May 2, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
MASON

Defendant, who was front seat passenger in car stopped after high-speed pursuit by police, was convicted of aggravated unlawful use of a weapon, based on his failure to possess a valid FOID card. Handgun, in plain view, was discovered on floor in front passenger seat after occupants of car exited vehicle. Ample evidence to sustain conviction. No other occupant of vehicle was observed reaching over or around front seat or console.Absence of fingerprint or ownership evidence does not render evidence of Defendant's guilt less than overwhelming. Court's failure to give a limiting instruction as to officer's description that chase was in response to "shots fired" call did not contribute to conviction.(PIERCE, concurring; HYMAN, dissenting in part).