I haven't seen this posted and don't remember discussing it recently. Defendant filed a motion entitled “Motion To Declare The
Sentencing Penalties Under 720 ILCS 5/24-1.6 Unconstitutional.
IL Supreme Court concluded that the offense of AUUW based on the lack of a FOID card and a violation of the FOID Card Act do not have identical elements and thus, there can be no proportionate penalty violation.
The judgment of the circuit court is reversed and the cause is remanded to the circuit court with directions to reinstate the charges against defendant.
State vs Juan Williams.pdf 32.53KB 385 downloads