People v. Schultz, 134 N.E.3d 1

Robert Schultz was charged with unlawful use/possession of a weapon by a felon (UUWF) and other weapon offenses after an officer observed him discard a handgun during a field interview.
At trial the parties stipulated Schultz had prior felony convictions in Wayne County, Michigan: ‘‘assault with a dangerous weapon’’ and ‘‘carrying a firearm while committing or attempting to commit a felony’’ under case no. 12-009438.
The stipulation did not identify the precise Michigan statute, though Schultz’s PSI and Michigan criminal-history records showed conviction under Mich. Comp. Laws § 750.82 (felonious assault/assault with a dangerous weapon).
The trial court found Schultz guilty and sentenced him on the UUWF count as a Class 2 offender (enhanced because of a prior “forcible felony”), imposing four years’ imprisonment.
On appeal Schultz argued the State failed to prove a prior “forcible felony” under 720 ILCS 5/2-8 because the stipulated Michigan offenses are not enumerated and the State offered no particulars to show they fit the residual clause (i.e., involved use or threat of physical force).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a stipulated out-of-state conviction for "assault with a dangerous weapon" qualifies as a "forcible felony" under section 2-8's residual clause, supporting Class 2 UUWF enhancement.	The Michigan felonious-assault statute (§ 750.82) and Michigan case law make assault-with-weapon inherently violent; thus the stipulation alone suffices to show a prior forcible felony.	The stipulation lacked statutory citation or factual details; without proof that the prior offense involved force or threat, the State failed to show a forcible felony and enhancement cannot stand.	The court held the Michigan § 750.82 conviction (assault with a dangerous weapon/felonious assault) is inherently a forcible felony under § 2-8, so enhancement to Class 2 stands.

People v. Thompson, 238 Ill. 2d 598 (explains plain-error review framework)
People v. Belk, 203 Ill. 2d 187 (defines when unenumerated felony qualifies as forcible felony under facts)
People v. Thomas, 407 Ill. App. 3d 136 (elemental analysis can show certain crimes are inherently forcible felonies)
People v. Carmichael, 343 Ill. App. 3d 855 (held prior stipulated conviction insufficient to prove forcible felony where offense not inherently violent)
People v. Gardner, 265 N.W.2d 1 (Mich.) (approved definitions of assault used to interpret Michigan assault law)
People v. Johnson, 284 N.W.2d 718 (Mich.) (holds felonious-assault jury must find intent to injure or to place victim in reasonable apprehension)
People v. Nix, 836 N.W.2d 224 (Mich. Ct. App.) (describes elements of assault with a dangerous weapon under § 750.82)
People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App.) (uses terminology and elements for assault with a dangerous weapon under Michigan law)