People v. McGee
2017 IL App (1st) 141013-B
Ill. App. Ct.2017Background
- McGee was convicted of armed habitual criminal (AHC) and unlawful use of a weapon by a felon (UUWF) based on prior felonies including AUUW and UUWF convictions.
- AUUW and related forms were declared unconstitutional in Aguilar; Burns clarified the lack of a Class 4/2 form and that AUUW’s predicate status is unconstitutional generally.
- McFadden held that UUWF requires only proof of felon status, and the predicate AUUW conviction need not be proven at trial; it can be void ab initio for purposes of predicate evidence.
- The AHC predicate relied on two prior felonies: 07 CR 5014 (AUUW) and 08 CR 13500 (UUWF and AUUW).
- The trial court’s verdicts merged for sentencing on AHC; the UUWF sentence was not fully imposed due to merger; supervisory order prompted a reevaluation in light of McFadden.
- The court ultimately affirmed both AHC and UUWF convictions, clarifying that the 07 CR 5014 AUUW conviction could serve as a predicate for AHC and the 08 CR 13500 conviction could serve as the predicate for UUWF.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can an unconstitutional AUUW conviction serve as a predicate for AHC? | McGee | McGee | Yes, as McFadden controls |
| Can a predicate AUUW conviction be used for UUWF after McFadden? | State | McGee | Yes, status-based predicate supports UUWF under McFadden |
| Does Burns render all AUUW predicates invalid for AHC/UWUF? | State | McGee | Burns does not foreclose use of valid predicates for UUWF; Perkins validates AHC predicates citing McFadden |
Key Cases Cited
- People v. McFadden, 2016 IL 117424 (2016) (UUWF predicate logic; felon status suffices; AUUW void ab initio remains relevant to status)
- People v. Aguilar, 2013 IL 112116 (2013) (AUUW unconstitutional form; Second Amendment context)
- People v. Burns, 2015 IL 117387 (2015) (AUUW form unconstitutional; clarifies classifications and severability)
- People v. Perkins, 2016 IL App (1st) 150889 (2016) (applies McFadden reasoning to AHC predicates)
- People v. Mosley, 2015 IL 115872 (2015) (AUUW valid forms severable from unconstitutional ones)