People v. McLaurin

Defendant was convicted, after bench trial, of being an armed habitual criminal and sentenced to 7 years. State failed to prove Defendant guilty beyond a reasonable doubt because it failed to present sufficient evidence that he possessed a firearm as defined by the Illinois Criminal Code.Witness's testimony that she observed Defendant in possession of an item that she believed was a firearm, standing alone, was not sufficient to sustain Defendant's conviction. No evidence was presented that the item witness observed met the stauttory definition of a firearm. (PIERCE, concurring; MIKVA, specially concurring.)