No. 104558 People v. Lucas
Appellate citation: 372 Ill. App. 3d 279.
JUSTICE GARMAN delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Karmeier, and Burke concurred in the judgment and opinion. In DePue in Bureau County, a deputy saw defendant driver swerving across the center line of a street. The indictment which arose out of this 2005 arrest alleged unlawful possession of a weapon (a switchblade knife) by a felon, a second offense of driving on a revoked license, and armed violence for having a dangerous weapon while committing the Class 4 felony of a second offense of driving on a revoked license. The jury found guilt of all charges. However, at trial, the prosecution showed only that Lucas was driving on a revoked license, not that this was his second offense, because proof of this fact was prohibited by statute. At the sentencing hearing, the circuit court received the proof that it was Lucas’ second offense and enhanced the crime from a misdemeanor to a Class 4 felony, as provided for by statute. The supreme court noted the conflict in these statutes and said that such a second offense for driving on a revoked license cannot serve as a predicate felony for armed violence for lack of proof to the jury of all the offense elements beyond a reasonable doubt. The armed violence conviction, for which a 30-year term had been imposed, was vacated. The conviction for unlawful possession of a weapon by a felon and its five-year sentence were upheld. Since no sentence had been imposed on the second conviction for driving on a revoked license, the cause was remanded to the circuit court for that purpose.