Illinois Appellate Court
Criminal Court
Sentencing
Defendant was convicted, after bench trial, of aggravated DUI. Court erred in applying an improper double enhancement as the same prior felony that was an element of his offense was also considered as a predicate offense making Defendant eligible for mandatory Class X sentencing. As the double enhancement error resulted in Defendant being sentenced to 3 additional years of imprisonment, sentencing hearing was fundamentally unfair. (CARTER and HOLDRIDGE, concurring.)