People v. Davis

Defendant was convicted, after bench trial, of residential burglary and unlawful use of a weapon by a felon. State failed to establish the intent element of the obstruction of justice count. Defendant's conviction for residential burglary fails as a matter of law as it was predicated on underlying felony of obstructing justice. Defendant's confession to police officer established that Defendant had knowledge and control over weapon when he possessed it, and then placed gun in freezer. Confession was corroborated by circumstantial evidence and, along with Defendant's stipulated other 2 convictions, established that Defendant was guilty beyond a reasonable doubt of unlawful possession of a weapon by a felon. Ineffective assistance of counsel claim fails, as Defendant failed to establish that counsel's failure to file a motion in limine was no more than trial strategy. Although court erred in admitting hearsay statement, evidence at trial was not closely balanced and error was inconsequential to conviction.(PIERCE and MIKVA, concurring.)