occupied the vehicle.” Id. Consider the Fifth Circuit’s United States v. Alfaro decision. 408 F.3d 204, 209 (5th Cir.2005). There the court held that a conviction for shooting into an occupied dwelling did not have “as a necessary element, the use, attempted use, or threatened use of force against another” because a person could commit the act described in the statute “merely by shooting ument, had Curtis fired in the direction of a car he should not have reasonably known to be occupied, (for instance, Curtis fired in the direction of a parked car awaiting crushing at a junkyard), he could not be convicted of this aggravated discharge of a firearm offense because that action would be akin to criminal damage to property — not aggravated discharg ec. 1001, 662 N.E.2d 567, 572 (1996) (<HOLDING>). Curtis argues that 720 Ill. Comp. Stat.
holding that officer had reasonable suspicion to stop a vehicle when confidential informant personally observed the vehicle provided a description of the vehicle and its direction detailed the basis for her suspicion that the vehicle was engaged in illegal activity and had previously given reliable information that led to the successful apprehension of individuals engaged in various criminal activity holding that a witnesss testimony that he saw the defendant point the gun and shoot in the direction of a moving vehicle knowing that the vehicle was occupied supported a 720 illl comp stat 52412a2 conviction holding automobile exeeption did not apply to warrantless search of vehicle where vehicle was not readily mobile because the vehicle was legally parked in parking lot occupants of vehicle were seated on a bench in the playground near the parking lot police officers surrounded the vehicle and the driver of the vehicle was handcuffed for safety purposes holding that victims injuries did not arise out of the use of a motor vehicle when the victim received injuries from a gun fired in the vehicle holding that conviction for unauthorized use of vehicle merges with conviction for theft of same vehicle