Defendant was convicted, after bench trial, of unlawful use of a weapon (UUW) based on an accountability theory.State presented sufficient evidence that the group was bent on illegal activities. A "group" is 2 or more people." The relevant evidence is anything that tends to show that the group is bent on illegal acts and Defendant had knowledge o its design. Evidence showed that another man (Biles) had acquired a gun and was involved the previous day in a drive-by shooting with a certain person as the target. Defendant cannot provide an innocent explanation for Biles wearing latex gloves, and gloves show the seriousness and violent nature of his plan. The only evidence needed to convict in a common design case is that a defendant voluntarily attached himself to a group bent on illegal activities with knowledge of the group's design. Evidence was sufficient to prove that Defendant was sufficient to prove that Defendant was legally accountable for Biles's commission of UUW. (DeARMOND and HARRIS, concurring.)
Illinois Appellate Court
Criminal Court
Weapons