(Correcting case number and link.) Defendant was convicted, after bench trial, of aggravated unlawful use of a weapon (AUUW) predicated on not having a FOID card. Defendant's late-night presence in a high-crime area, his retreat upon seeing officers, and his conduct in holding his waistband and jumping onto the hood of the police vehicle all give rise to a reasonable articulable suspicion of criminal activity. State used an Illinois State Police certification to show that Defendant did not have a FOID card. During State's closing argument, defense counsel failed to object when State mentioned certification; and defense counsel failed to mention the certification or dispute whether State proved beyond a reasonable doubt that Defendant lacked a FOID card. Thus, Defendant acquiesced in the entry of the certification, and his right to confrontation of witnesses was not violated. (LAVIN, concurring; HYMAN, dissenting.)
Illinois Appellate Court
Criminal Court
Weapons