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.
PRESIDING JUSTICE CARTER
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.
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."
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
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 ...