People v. Britt

Defendant was convicted, after bench trial, of violation of an order of protection. Counsel was ineffective in failing to object when State introduced Defendant's prior domestic battery conviction in its case-in-chief to enhance offense from Class A misdemeanor to Class 4 felony,m but it was not an element of the offense. Court's statements during pronouncement of guilt showed that it consider this prior conviction in determining his guilt. Defendant's prior convictions for aggravated battery and aggravated criminal sexual abuse were introduced to impeach Defendant's credibility, and thus they should have been considered only for their effect on Defendant's credibility. (LYTTON and McDADE, concurring.)