Docket No. 106736.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
WILLIE McLAURIN, Appellee.
Opinion filed December 17, 2009.
JUSTICE GARMAN delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Thomas, Kilbride, Karmeier,
and Burke concurred in the judgment and opinion.
Justice Freeman specially concurred, with opinion.
Following a jury trial in the circuit court of Cook County,
defendant was convicted of aggravated unlawful use of weapon and
unlawful use of weapon by a felon and sentenced to six years’
imprisonment. The appellate court reversed defendant’s conviction
and remanded for a new trial, finding that plain error occurred when:
(1) defendant was not personally present during jury deliberations
when several notes from the jury were discussed; and (2) the trial
court sent a bailiff into the jury room to direct the jury to continue
their deliberations. We reverse the appellate court’s judgment and
affirm defendant’s conviction.