People v. Ephraim

Defendant was convicted, after bench trial, of armed habitual criminal (AHC), aggravated fleeing or attempting to elude a peace officer, and 3 counts of aggravated unlawful use of a weapon (AUUW). Because Defendant' conviction for aggravated battery to a peace officer is not an enumerated offense in the AHC statute and does not meet the definition of forcible felony in section 2-8, it cannot serve as a predicate offense to support his AHC conviction. Remand for resentencing is unnecessary because court already sentenced Defendant to 6 years for the 3 AUUW convictions. (HARRIS and SIMON, concurring.)