Illinois Appellate Court
Criminal Court
Sentencing
(Modified upon denial of rehearing.) Defendant was convicted, after bench trial, of unlawful use of a weapon by a felon, after previous conviction for burglary, and sentenced to 4 1/2 years. Prior burglary conviction elevated offense from Class A misdemeanor to Class 2 felony, and mandated sentencing range was 3 to 14 years. Court did not impermissibly enhance penalty by counting prior burglary conviction an element of offense and also as enhancement, but imposed special penalty range set by legislature. (CUNNINGHAM and HARRIS, concurring.)