People v. Foreman

Defendant was convicted, after jury trial, of unlawful possession of a controlled substance with intent to deliver. Court did not commit an abuse of discretion in admitting the other-crimes evidence as some evidence of Defendant's intent to deliver the cocaine, as it had substantial probative value as to element of intent to deliver.Defendant's 2009 DWLR (driving while license revoked) conviction could not be used as a qualifying offense to make him eligible to be sentenced as a Class X offender under Section 5-4.5-95(b) of the Unified Code of Corrections. To constitute a qualifying offense, the prior offense must contain the same elements as an offense now classified in Illinois as a Class 2 or greater Class felony. Defendant's 2009 DWLR conviction was elevated from a misdemeanor offense to a Class 2 felony based, in part, on his prior convictions for DWLR. Those prior underlying convictions do not constitute elements of the offense. (HOLDRIDGE and O'BRIEN, concurring.)