People v. Melvin

Defendant entered negotiated guilty plea to attempted predatory criminal sexual assault of a child and sentenced to 60 years. Defendant's sentence is void as it is product of double enhancement. Specific factor used to enhance penalty, and reused, was Defendant's prior Class X felony. That offense, along with his prior Class 2 felony, subjected him to enhanced penalty of Class X sentence and then also subjected him to further enhanced penalty of extended-term sentence. Thus, sentence to which parties agreed was not statutorily authorized and was thus void. (SCHOSTOK and BIRKETT, concurring.)