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PEOPLE v. SPIVEY

No. 1-03-1810.

814 N.E.2d 925 (2004)

351 Ill. App.3d 763

286 Ill.Dec. 699

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kavin SPIVEY, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

August 5, 2004.

Attorney(s) appearing for the Case

Michael J. Pelletier, Denise D. Keliuotis, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, Renee Goldfarb, Kathryn Schierl, Nicole Lucero, Office of the Cook County State's Attorney, Chicago, for Appellee.

Justice THEIS delivered the opinion of the court:

Following a bench trial, defendant Kavin Spivey was convicted of unlawful use of a weapon (UUW) by a felon and aggravated unlawful use of a weapon and was sentenced to 10 years' imprisonment. On appeal, he contends that (1) his conviction for aggravated UUW violates due process in that the statute lacks a culpable mental state and criminalizes innocent conduct; (2) the State...

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