In 2002, Defendant was found guilty of two counts of aggravated unlawful use of a weapon (AUUW), which the circuit court merged into a single count and sentenced him to probation. The court later used the conviction as the predicate offense to convict the defendant for unlawful use of a weapon by a felon (UUWF). In 2019, pursuant to Defendant’s section 2-1401 petition the court vacated defendant’s conviction on one of the counts of AUUW and then “transferred” the sentence from that count to the previously unsentenced count. The question in the present appeal was whether the circuit court exceeded the scope of a nun pro tunc order when it transferred the sentence from one count to the other count and then used the newly sentenced count as the predicate offense to sustain a UUWF conviction. The appellate court answered this question in the affirmative. (LAMPKIN and REYES, concurring)
Illinois Appellate Court
Criminal Court
Criminal Procedure