People v. Whalum

(Modified opinion.) Appellate Court had previously held that State failed to give Defendant notice, per Section 111-3(c) of Code of Criminal Procedure, of its intent to seek increase in classification of Defendant's conviction for unlawful use of a weapon by a felon. Case taken upon remand from Supreme Court, in light of its 2014 People v. Easley decision. Defendant's underlying felony conviction was for delivery of a controlled substance under Wisconsin laws. Because that Wisconsin conviction is not listed as an elevated classification under Section 24-1.1(e) of Code of Criminal Procedure, State was required to provide notice to Defendant per Section 111-3(c) of Code to enhance classification of offense by using another one of his felony convictions not stated in charging instrument. (CONNORS and SIMON, concurring.)