People v. Whalum

Jury convicted Defendant of unlawful use of a weapon by a felon, and per State's charging instrument, underlying felony was Defendant's Wisconsin felony conviction for delivery of a controlled substance under Wisconsin law. That felony is not listed as an elevated classification under Section 24-1.1(e) of Criminal Code, and thus State was required to provide Defendant with notice per Section 111-3(c) of Code of Criminal Procedure, to enhance classification of offense by using another one of Defendant's felony convictions not stated in the charging instrument. As State did not do so, on remand, Defendant's conviction should be classified as a Class 3 felony. (CONNORS and SIMON, concurring.)