People v. Polk

(Supplemental opinion upon denial of rehearing.) Defendant was convicted, after jury trial, of Class 2 offense of unlawful use or possession of a weapon (UUW) by a felon. Prior conviction for UUW by felon is not an enhancement, but an element of the offense, and thus defines the offense and establishes its class. Section 111-3(c) does not apply to this charge in this case. Defendant was given notice of nature of prior convictionon which UUW charge was predicated and other aspects of charge. Based on clear language of Section 24-1.1(e), legislature explicitly intended to enhance penalty based on some aspect of offense, which created exception to prohibition against double enhancement. (McBRIDE, concurring; GORDON, dissenting.)