People v. Pryor

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2013 IL App (1st) 121792
Decision Date: 
Friday, December 27, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Vacated and remanded.
Justice: 
GORDON
Defendant was convicted of unlawful use or possession of a weapon (UUW) by a felon. The case number of Defendant’s prior conviction, mentioned in the charging instrument, was insufficient to satisfy charging instrument notice requirement in section c of State’s intention to seek enhancement in classification of offense from Class 3 to Class 2 felony. Thus, sentence must be vacated and remanded for sentencing as Class 3 felony. (TAYLOR, concurring; PALMER, dissenting.)