¶ 7 In the appellate court, the State conceded that defendant's conviction under section 24–1.6(a)(1), (a)(3)(A) was unconstitutional pursuant to Aguilar. The appellate court therefore vacated that conviction (People v. Tolbert, 2014 IL App (1st) 122343–U, 2014 WL 1900768 ), and it is not at issue in this appeal.¶ 8 With respect to defendant's conviction under section 24–1.6(a)(1), (a)(3)(I), the appellate court concluded that the State's charging instrument was fatally defective.
We thus reversed the judgment of the trial court. People v. Tolbert, 2014 IL App (1st) 122343-U. The Illinois Supreme Court allowed the State's petition for leave to appeal (Ill. S. Ct. R. 315 (eff. July 1, 2013)) and held that we erred in concluding that the invitee requirement is an element of the offense of AUUW.