People v. Underwood

Kenneth Warren Hanson was convicted after a bench trial in the circuit court of Perry County of unlawful possession of firearms and firearms ammunition within five years of having been convicted of a felony or within five years of release from the penitentiary. (Ill. Rev. Stat. 1981, ch. 38, par. 24-3.1(a)(3).) He was sentenced to seven months in prison. He appeals from his conviction on three grounds, contending that (1) the court erred in denying his motion for automatic substitution of judge provided by section 114-5(a) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1981, ch. 38, par. 114-5(a)); (2) the court abused its discretion in denying defendants motion for a continuance for the purpose of obtaining a material occurrence witness; and (3) the court abused its discretion in denying defendants motion for a continuance to allow his retained counsel to prepare for trial.