Background

• Incident on April 22, 2007, defendant allegedly shot toward two individuals; charged with two counts of aggravated discharge of a firearm, two counts of reckless discharge of a firearm, and one count of aggravated unlawful use of a weapon (AUW).
• AUW charge under 720 ILCS 5/24-1.6(a)(2) and (a)(3) included a predicate that the defendant had been previously adjudicated delinquent for an act that would be a felony if committed by an adult (D).
• State moved to admit a certified delinquency adjudication (People’s Exhibit 5) at trial; defense objected to jury being informed of the stipulation; trial court allowed the stipulation to be read to the jury without naming the adjudication.
• Trial court instructed the jury on AUW with a modified pattern instruction (including the delinquency adjudication as part of the elements).
• Jury convicted on two counts aggravated discharge and one count AUW; defense moved for new trial; appellate court reversed and remanded for a new trial with the delinquency evidence excluded from jury consideration.
• Appellate court’s reasoning focused on whether delinquency adjudication is a sentence-enhancing factor or an element under 24-1.6(a)(3)(D).

Issues

Key Cases Cited

• People v. Jameson, 162 Ill.2d 282 (1994) (notice requirement for higher-offense classifications based on prior convictions)
• People v. Lucas, 231 Ill.2d 169 (2008) (enhancement of misdemeanor to felony for armed violence cannot be proven at trial; sentencing-based)
• People v. Vasquez, 368 Ill.App.3d 241 (2006) (distinguishes offense elements from sentencing factors in AUW context)