People v. Johnson

A two-count indictment charged defendant with (1) unlawful use of weapons in violation of section 24 — 1(a)(7) of the Criminal Code (Ill. Rev. Stat. 1971, ch. 38, par. 24 — 1(a) (7), in that he possessed a shotgun with a barrel less than 18 inches in length, and (2) unlawful use of weapons within 5 years of his release from the penitentiary. Our Criminal Code currently provides that while ordinarily a violation of section 24— 1(a)(7) is punishable as a Class 4 felony, if such offense occurs within 5 years of the accused’s release from the penitentiary, it is punishable as a Class 3 felony.…