People v. Smythe

Following a jury trial, defendant Anthony Smythe was convicted of aggravated unlawful use of a weapon (UUW) and sentenced to one year’s probation. On appeal, he contends (1) he was not proven guilty beyond a reasonable doubt where the statute requires proof that the weapon was “uncased” (720 ILCS 5/24 — 1.6(a)(1), (a)(3)(A) (West 2002)), and the evidence submitted demonstrated that the handgun was cased; and (2) pursuant to section 5 — 4—3 of the Unified Code of Corrections (the Code) (730 ILCS 5/5 — 4—3 (West 2002)), the compulsory extraction and perpetual storing of his DNA violated his…