People v. Smith

Defendant was convicted, after bench trial, of being an armed habitual criminal (AHC) and for unlawful use of a weapon by a felon (UUWF). It is permissible to use a conviction held invalid under the 2013 Illinois Supreme Court decision of People v. Aguilar as a predicate offense under the AHC statute. Defendant's convictions for AHC and UUWF are both based on the same physical act: his unlawful possession of a single firearm on a certain date. Thus, Defendant's conviction for UUWF must be vacated in accordance with one-act, one-crime rule. (SIMON, concurring; HARRIS, specially concurring.)