People v. McFadden

This case presents question as to whether defendant’s 2010 conviction for unlawful use of weapon (UUW) by felon must be vacated because defendant’s 2002 underlying predicate conviction for said offense (i.e., aggravated unlawful use of weapon (AUUW)) was subsequently found to be unconstitutional in Aguilar in 2013. Appellate Court, in vacating defendant’s conviction, found that defendant’s prior Class 4 AUUW conviction could not stand as predicate conviction to support instant UUW by felon conviction, even though said Class 4 AUUW offense had not been found to be unconstitutional at time of instant conviction.