Defendant was convicted, after jury trial, of armed robbery and aggravated kidnapping and sentenced to concurrent terms of 35 and 21 years. Record does not show that court found a prima facie case of racial discrimination after one juror's challenge. Without having found a prima facie case but with abundance of caution, court erred to Defendant's benefit by asking for the reason for the challenge of a potential juror who was black. Court's ultimate ruling of denying Defendant's Batson claim was not clearly erroneous. Defendant's AAUW (aggravated unlawful use of a weapon) is void and is thus vacated, as the version of the AAUW statute in force at the time of conviction is facially unconstitutional. Record clearly establishes that Defendant's AUUW conviction did not affect court's sentencing decision. (CUNNINGHAM and CONNORS, concurring.)
Illinois Appellate Court
Criminal Court
Jury Selection