People v. Whalum

(Court opinion corrected 1/10/13.) Defendant was convicted, after jury trial, of unlawful use of a weapon by a felon. Court properly limited defense cross-examination of arresting officer, preventing him from asking whether racial prejudice motivated the traffic stop. Court erred in sentencing Defendant as a class X offender, as elements for class X range were not met, and when it sentenced Defendant in the class 3 range for offense of unlawful use of a weapon by a felon as State failed to give Defendant notice that it would seek to increase classification from class 3 to class 2 offense. (CONNORS and SIMON, concurring.)