People v. Easley

This case presents question as to whether trial court properly sentenced defendant to 9-year term of incarceration on charge of unlawful use of weapon by felon under section 24-1.1(a) of Criminal Code. Appellate Court, in remanding case for new sentence, found that: (1) defendant’s Class 2 conviction under section 24-1.1(a) was “enhanced” from Class 3 version found in section 24-1.1(a); (2) prosecution was therefore required to provide notice of its intention to seek enhanced sentence and give defendant notice of prior conviction used to support said enhancement; and (3) while prosecutor gave defendant notice of defendant’s prior conviction, prosecution did not state its intention to seek enhanced sentence. Fact that instant sentence was still within appropriate special Class 3 penalty range for instant offense did not require different result.