People v. McCurine

Illinois Appellate Court
Criminal Court
Possession of Weapons
Citation
Case Number: 
2019 IL App (1st) 160817
Decision Date: 
Friday, March 29, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
GORDON

Defendant was convicted, after jury trial, of 1 count of armed habitual criminal. State's evidence that Defendant constructively possessed a gun was sufficient. A rational juror could have found both control over the apartment where gun was found, and knowledge of the presence of the gun. Defendant was not unduly prejudiced by jury being informed that he had previously committed 2 felonies. Jury would have needed to know that he was a felon to understand why the 2nd amendment did not protect him in his own home, when multiple IDOC agents and police officers banged on his door at 5:30 a.m. and handcuffed him upon entry. (McBRIDE and BURKE, concurring.)