Illinois Appellate Court
Criminal Court
Armed Habitual Criminal
Defendant was convicted of being an armed habitual criminal and appealed, arguing that the trial court erred when it denied defendant’s request for jury instructions and self-defense. Defendant also argued that he was entitled to be re-sentenced because the court used the same prior Class X felony conviction both as an element of the conviction and to qualify defendant for a life sentence, which defendant argued was an improper double enhancement. The appellate court affirmed, finding that the facts did not support giving the requested jury instruction and that the sentencing was a permissible double enhancement under the language of the statute and the circumstances of the case. (STEIGMANN and ZENOFF, concurring)