People v. Murray

Summary

The court held that the State failed to prove the statutory “streetgang” element of unlawful possession of a firearm by a street gang member because it presented no evidence of the specific gang-related offenses, timing, and felony-related conduct required to establish a course or pattern of criminal activity. The expert’s general opinion that the Latin Kings were a street gang, together with evidence concerning databases and gang activity generally, was insufficient, and the defendant’s charged crimes and unproven graffiti conduct could not supply the missing proof. The appellate judgment was reversed, the firearm-possession conviction was vacated, and the cause was remanded for sentencing on the aggravated unlawful use of a weapon conviction.