People v. Wilbourn

Defendant was convicted, after bench trial, of unlawful use of a weapon by a felon. State was not required to notify Defendant, in charging instrument, of State's intention to seek enhanced sentence, as notice provision applies only when prior conviction that would enhance sentence is not already an element of the offense. Court properly used Defendant's prior conviction first as element of offense and second as grounds for enhancing his sentence, and did not doubly enhance his sentence by doing so. (HYMAN and PUCINSKI, concurring.)