People v. Smith

Defendant was convicted, after bench trial, of unlawful use of a weapon (UUW) by a felon and sentenced as a Class X offender to 9 years.  Residual category of forcible felony statute refers to felonies not previously specified in preceding list of felonies contained within that section. As Defendant's prior conviction of aggravated battery to a peace officer was not based on great bodily harm or permanent disability or disfigurement, it was not within statutory definition of forcible felony, and court erred in using it to enhance Defendant's present aggravated battery conviction to a Class 2 offense. Illinois Supreme Court has, in 2015, abolished void-sentence rule.(FITZGERALD SMITH and LAVIN, concurring.)