People v. Williams
65 N.E.3d 848
Ill. App. Ct.2017Background
- Defendant Michael L. Williams was indicted for attempted armed robbery and unlawful possession of a weapon by a felon (UPWF) for possessing a handgun on March 7, 2011.
- Evidence at trial: a handgun found under the passenger seat of the car in which defendant was arrested.
- The State introduced a certified 2006 conviction for Class 4 aggravated unlawful use of a weapon (AUUW) (720 ILCS 5/24-1.6(a)(1), (a)(3)(A)) to prove the required prior felony for UPWF.
- Jury convicted Williams of UPWF (acquitted on attempted armed robbery); trial court sentenced him to 12 years’ imprisonment.
- After Williams’s AUUW conviction, the Illinois Supreme Court in People v. Aguilar held that the Class 4 form of that statute was facially unconstitutional and void ab initio.
- Williams argued on appeal that because the underlying AUUW conviction was void under Aguilar, the State failed to prove the prior felony element of UPWF; the appellate court applied People v. McFadden and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a prior conviction later declared void ab initio may be used to prove the prior-felony element of UPWF when it has not been vacated at the time of the later offense. | State: UPWF statute applies to persons who "have been convicted"; past-tense language covers convictions that exist on the record at the time of the firearm possession. | Williams: His 2006 AUUW conviction was void after Aguilar and thus cannot serve as a prior felony to sustain UPWF. | Court: Followed McFadden — a conviction later declared void still supports UPWF unless it has been vacated or otherwise cleared before the possession; affirmed conviction. |
Key Cases Cited
- People v. Aguilar, 2013 IL 112116 (Illinois Supreme Court) (held Class 4 form of 720 ILCS 5/24-1.6 facially unconstitutional)
- People v. Davis, 2014 IL 115595 (Illinois Supreme Court) (explains that a statute declared unconstitutional is void ab initio)
- People v. McFadden, 2016 IL 117424 (Illinois Supreme Court) (held that a conviction later invalidated by Aguilar nonetheless supports a UPWF conviction unless vacated)