Defendant was convicted, after jury trial, of unlawful possession of a firearm (UPF) by a street gang member and aggravated unlawful use of a weapon (AUUW), and sentenced to terms of 6 and 9 years. State failed to prove that the "Four Corner Hustlers" (of which Defendant's wife told police Defendant had previously been a member) engaged in a "course or pattern of criminal activity", and thus failed to prove that Defendant was a member of a "street gang" under the Illinois Streetgang Terrorism Omnibus Prevention Act at the time of his arrest. Jeopardy has attached and Defendant may not be retried on that charge. Court erred by using one of his previous Class 2 felonies to both elevate his AUUW conviction from a Class 4 offense to a Class 2 offense and to subject him to Class X sentencing. Thus, AUUW sentence is reduced from 9 to 7 years. (ZENOFF and HUDSON, concurring.)
Illinois Appellate Court
Criminal Court
Weapons