People v. Wallace

Illinois Appellate Court
Criminal Court
Armed Habitual Criminal
Citation
Case Number: 
2023 IL App (1st) 200917
Decision Date: 
Friday, September 29, 2023
District: 
1st DIst.
Division/County: 
1st Div./Cook Co.
Holding: 
Affirmed.
Justice: 
LAVIN

Defendant was found guilty of being an armed habitual criminal and was sentenced to six years in prison. Defendant argued on appeal that the trial court erred in denying his motion to dismiss because police lacked reasonable suspicion to frisk and search defendant for weapons and that the State failed to prove him guilty beyond a reasonable doubt. The appellate court affirmed, finding that police had probable cause for the search and that changes to the criminal code that would have resulted in one of defendant’s predicate offenses being a juvenile offense were not retroactive. (FITZGERALD SMITH and COGHLAN, concurring)