An appellate court ordered a Joliet murderer to be re-sentenced because a 2009 felony conviction that was used against him was unconstitutional and void.
On Sept. 19, 2016, former Will County Judge Carla Alessio-Policandriotes found Aloysius "June" Alexander, 34, guilty of fatally shooting Johnny Lockhart, 59, during an argument that took place on Dec. 6, 2014, outside Lockhart’s apartment on Chicago Street.
Policandriotes found Alexander guilty of murder, aggravated battery and unlawful use of a weapon, and sentenced him to 54 years in prison.
The 3rd District Appellate Court reversed his unlawful use of a weapon conviction Oct. 1.
The appellate court ruled the charge was based on Alexander’s 2009 conviction for aggravated unlawful use of a weapon.
The Illinois Supreme Court found a section of the aggravated unlawful use of a weapon offense to be in violation of the right to bear arms, the appellate court said.
The appellate court ruled Alexander’s 2009 conviction was void and “cannot be used for any purpose, including to increase his punishment for a new offense,” and reversed the unlawful use of a weapon conviction.
The court ordered a new sentencing hearing on Alexander’s other convictions because they had no indication as to what extent Policandriotes considered the aggravated unlawful use of a weapon conviction when deciding his sentence.
“While we affirm defendant’s other convictions, we remand them for re-sentencing because it is unclear how the court considered the (aggravated unlawful use of a weapon) conviction during sentencing,” the appellate court said.
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