People Ex Rel. Carey v. Pincham

The defendant in a case pending in the circuit court of Cook County was charged in one count of an information with unlawful use of weapons by possession of a loaded handgun, a misdemeanor (Ill. Rev. Stat. 1977, ch. 38, par. 24 — l(a)(10)), and in a second count with unlawful use of weapons, based upon the same possession, within 5 years following his release from the penitentiary on a felony charge. The second count charged the commission of a felony. (Ill. Rev. Stat. 1977, ch. 38, par. 24 — 1(b).) Just prior to selection of a jury, the State moved to nol-pros the misdemeanor count and…