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People v. Carter12/18/2003
e v. Deppert, 83 Ill. App. 3d 375, 379 (1980); People v. Sockwell, 55 Ill. App. 3d 174, 176 (1977); People v. Glass, 49 Ill. App. 3d 617, 619 (1977); People v. Marbley, 34 Ill. App. 3d 434, 437 (1975); People v. Adams, 30 Ill. App. 3d 396 (1975) (abstract of op.); People v. Hellemeyer, 28 Ill. App. 3d 491, 499 (1975); People v. Rodgers, 2 Ill. App. 3d 507, 511 (1971).
The majority attempts to distinguish these cases on sundry grounds. The distinctions drawn by the majority fail to address the similarity between a loaded firearm in the possession of a felon and a loaded firearm in the possession of a misdemeanant. Applying the analysis of the majority to the adage, "You have to break a few eggs to make an omelette," the majority would claim that the adage applies only to chicken eggs. The majority would disavow the adage when it comes to duck, goose, or ostrich eggs.
I believe the majority's definition defies reality and conflicts with the doctrine of one act, one crime contained in People v. King. Thus, I do not believe this defendant should be convicted twice for the same act, and I must respectfully dissent.
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