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PEOPLE v. STANLEY

No. 1-08-1017.

921 N.E.2d 445 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth STANLEY, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied January 20, 2010.

Attorney(s) appearing for the Case

Anita Alvarez, State's Attorney (James E. Fitzgerald, Marie Quinlivan Czech, Anthony L. Kenney of counsel), Chicago, IL, for Plaintiff-Appellee, People of State of Illinois.

Michael J. Pelletier, State Appellate Defender, Patricia Unsinn, Deputy Defender, Stepheanie A. Fisher, Assistant Appellate Defender, Chicago, IL, for Defendant-Appellant, Alfredo Ramos.

Presiding Justice TOOMIN delivered the opinion of the court:

In this case, we consider an apparent matter of first impression in Illinois, whether the proof of the mens rea for the possession of defaced weapons necessarily extends to the character of the weapon. Defendant, Kenneth Stanley, was convicted after a bench trial of unlawful use of a weapon, defacing identification marks on a firearm, and aggravated unlawful...

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