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People v. Webb

Court of Appeals of Illinois, Third District

May 23, 2018

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
DEREK K. WEBB, Defendant-Appellant.

          Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois, Circuit No. 13-CF-2703 Honorable Carmen Julia Goodman, Judge, Presiding.

          PRESIDING JUSTICE CARTER delivered the judgment of the court, with opinion. Justices Holdridge and O'Brien concurred in the judgment and opinion.

          OPINION

          PRESIDING JUSTICE CARTER

         ¶1 Defendant, Derek K. Webb, appeals from his armed habitual criminal conviction. Defendant argues the State failed to prove his guilt beyond a reasonable doubt because it failed to present evidence to the jury that he had been convicted of two prior forcible felonies. We affirm.

         ¶2 FACTS

         ¶3 In January 2014, the State charged defendant with being an armed habitual criminal (720 ILCS 5/24-1.7(a)(1) (West 2012)) and unlawful use of a weapon by a felon (id. § 24-1.1(a)). Relevant to this appeal, the armed habitual criminal charge alleged:

"[D]efendant knowingly possessed a firearm, to wit: a handgun, after having been convicted of the forcible felony offenses of Aggravated Battery in Will County under docket number 2006 CF 2596, in violation of Section 12-4 of Act 5 of Chapter 720 of the Illinois Complied Statutes, and Aggravated Battery in Will County under docket number 2004 CF 707, in violation of Section 12-4 of Act 5, of Chapter 720 of the Illinois Complied Statutes."

         ¶4 Before the jury trial commenced, the parties discussed with the court how to prove the element of defendant's prior felony convictions. During the conversation, the State handed the bills of indictment from Will County case Nos. 04-CF-707 and 06-CF-2596 to the court. The State asked the court

"to take judicial notice of the fact that [defendant] was charged with aggravated battery causing great bodily harm, which we will be introducing through the convictions. And the reason why I bring that up is because the convictions just simply say aggravated battery, Count 1; however, based on the court file itself, you can see that it's an aggravated battery causing great bodily harm.
THE COURT: Okay. Which makes it a forcible felony.
[STATE]: Which makes it a forcible felony.
THE COURT: Exactly.
Any response to that?
[DEFENSE COUNSEL]: No, [Y]our Honor. He did show me this morning.
THE COURT: But you intend-because you did give me a copy of this, you intend to introduce the certified, you're not going to introduce-
[STATE]: Judge, I was just asking that the Court take judicial notice since ...

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