People v. Easley

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2012 IL App (1st) 110023
Decision Date: 
December 24, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Justice: 
HARRIS
Holding: 
Affirmed in part and vacated in part; remanded with directions.
When State fails to comply with pleading requirements of Section 111-3(c) of Code of Criminal Procedure, by failing to state their intention to seek an enhanced sentence, proper remedy is to vacate Defendant's enhanced sentence. Defendant was not subjected to improper double enhancement where prior felony conviction of UUW was used both as an element of current offense of UUW and used by court to impose a harsher sentence. (QUINN and CONNORS, concurring.)