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Adrian Garcia

Other Cook County, Illinois exonerations with no crime
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On October 6, 2002, 19-year-old Adrian Garcia was arrested in Chicago, Illinois and charged with aggravated unlawful use of a firearm.

On December 4, 2002, Garcia pled guilty in Cook County Circuit Court and was sentenced to 1 year on probation.

In September 2013, the Illinois Supreme Court ruled in People v. Aguilar that the portion of the statute under which Garcia had been convicted was unconstitutional. The statute said that a person committed the offense of aggravated unlawful use of a weapon when a person “carries on or about his person or in any vehicle or concealed on or about his person except when on his land or in his abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm and the firearm is uncased, loaded and immediately accessible.”

The court held that this portion of the statute violated the right to keep and bear arms as guaranteed by the Second Amendment.

In 2020, Garcia’s attorney, Joel Flaxman, filed a motion to vacate the conviction based on the Aguilar ruling. After the motion was granted on February 27, 2020, the conviction on the gun charge was vacated, and the case was dismissed. By that time, Garcia was serving a 40-year prison term for convictions for first-degree murder and armed robbery in 2011.

On March 21, 2022, Cook County Circuit Court Judge Erica Reddick granted Garcia a certificate of innocence. Garcia then filed a claim for compensation from the Illinois Court of Claims.

– Maurice Possley

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Posting Date: 11/14/2022
Last Updated: 11/14/2022
State:Illinois
County:Cook
Most Serious Crime:Weapon Possession or Sale
Additional Convictions:
Reported Crime Date:2002
Convicted:2002
Exonerated:2022
Sentence:Probation
Race/Ethnicity:Hispanic
Sex:Male
Age at the date of reported crime:19
Contributing Factors:
Did DNA evidence contribute to the exoneration?:No