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Anthony Maltbia

Other Cook County, Illinois exonerations with no crime
On December 31, 2008, 17-year-old Anthony Maltbia was charged with aggravated unlawful use of a firearm after he was arrested by police in Chicago, Illinois.

On January 20, 2009, Maltbia pled guilty in Cook County Circuit Court and was sentenced to probation. On June 9, 2010, Maltbia was arrested on a charge of being a felon in possession of a weapon based on his prior conviction on the aggravated unlawful use of a firearm. His probation was revoked, and he was sentenced to three years in prison. On September 15, 2010, Maltbia pled guilty to the charge of felon in possession of a firearm. He was sentenced to three years in prison to be served concurrently with the other three year term.

In September 2013, the Illinois Supreme Court ruled in People v. Aguilar that the portion of the statute under which Maltbia 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 2022, both of Maltbia’s convictions were vacated based on the Aguilar ruling. By that time, Maltbia was serving a 20-year prison sentence for attempted murder in 2012.

On May 5, 2022, Cook County Circuit Court Judge Erica Reddick granted Maltbia certificates of innocence in both cases. Maltbia’s attorney, Joel Flaxman then filed a claim for compensation from the Illinois Court of Claims.

– Maurice Possley

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Posting Date: 11/7/2022
Last Updated: 11/7/2022
Most Serious Crime:Weapon Possession or Sale
Additional Convictions:
Reported Crime Date:2008
Sentence:3 years
Age at the date of reported crime:17
Contributing Factors:
Did DNA evidence contribute to the exoneration?:No