People v. McLaurin

This case presents question as to whether record contained sufficient evidence to support defendant’s conviction on charge of being armed habitual criminal. Appellate Court, in reversing defendant’s conviction, found that state failed to meet its burden beyond reasonable doubt, where there was no evidence that item observed in defendant’s possession was device designed to expel projectile by action of explosion as defined under 430 ILCS 65/1.1. Fact that witness testified that she observed defendant in possession of item she believed was firearm was insufficient, by itself, to sustain defendant’s conviction. In its petition for leave to appeal, state argued that there was sufficient evidence to sustain defendant’s conviction, where police sergeant testified that she saw silver gun in defendant’s hand, and where other testimony revealed fact that loaded handgun was recovered moments after van in which defendant was riding was stopped.