People v. Alexander

Illinois Appellate Court
Criminal Court
Possession of Weapons
Citation
Case Number: 
2019 IL App (3d) 160709
Decision Date: 
Tuesday, August 27, 2019
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed and remanded.
Justice: 
O'BRIEN

Defendant was convicted, after jury trial, of unlawful possession of a weapon by a felon. Court gave a jury instruction during deliberations which introduced constructive possession as a new theory. Defendant was denied the opportunity to address that theory during closing argument, and was thus deprived of his due process right to a fair trial. (WRIGHT, concurring; CARTER, dissenting.)