People v. Sams

Illinois Appellate Court
Criminal Court
Possession of Weapons
Citation
Case Number: 
2013 IL App (1st) 121431
Decision Date: 
Thursday, December 5, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed.
Justice: 
EPSTEIN
Defendant was convicted, after jury trial, of unlawful use of a weapon by a felon. State failed to prove Defendant guilty beyond a reasonable doubt, as State failed to prove that he knew of firearm's presence and exercised immediate and exclusive control over area in which firearm was found. State presented no physical evidence connecting Defendant to gun, no witnesses who had seen Defendant holding a gun, and no evidence that Defendant lived at residence where it was found; and officers never saw Defendant in the same room as the gun. (FITZGERALD SMITH and LAVIN, concurring.)