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PEOPLE v. NEELY

Docket No. 1-12-0043.

1 N.E.3d 941 (2013)

2013 IL App (1st) 120043

377 Ill. Dec. 54

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Orlando NEELY, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

November 12, 2013.

Attorney(s) appearing for the Case

Michael J. Pelletier , Alan D. Goldberg , and Lauren A. Bauser , all of State Appellate Defender's Office, of Chicago, for appellant.

Anita M. Alvarez , State's Attorney, of Chicago ( Alan J. Spellberg , Carol L. Gaines , and Jessica R. Ball , Assistant State's Attorneys, of counsel), for the People.

OPINION

Justice HARRIS delivered the judgment of the court, with opinion.

¶ 1 Following a bench trial, defendant Orlando Neely was convicted of unlawful use of a weapon by a felon (UUWF) and sentenced to three years' imprisonment. On appeal, defendant contends that his conviction for UUWF must be vacated because the statute creating the offense violates the second amendment right to bear arms for self-defense. Defendant also contends

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