People v. Richards

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2021 IL App (1st) 192154
Decision Date: 
Thursday, December 2, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Vacated and remanded.
Justice: 
MARTIN

Defendant was convicted, after bench trial, of unlawful use of a weapon by a felon (UUWF). Second degree murder is not a qualifying predicate offense to render a person convicted of UUWF subject to the elevated sentencing guidelines created by the Safe Neighborhoods Reform Act. Court's misapplication of law to determine the applicable sentencing range is plain error because it affects a defendant's fundamental right to liberty.  That occurred in this case, and thus sentence is vacated, and case remanded for resentencing. (REYES and LAMPKIN, concurring.)