People v. O’Neal

Defendant was convicted, after jury trial, of being an armed habitual criminal (a Class X felony) and unlawful possession of a weapon by a felon (a Class 2 felony). No ineffective assistance of counsel in failing to pursue a necessity defense where Defendant found a loaded firearm lying on the ground and used it to prevent victim from attacking him with a dumbbell. Defense counsel sought to present the defense of self-defense based on the same evidence, and decision on which defense to pursue is a matter of trial strategy. No error in State using Defendant's 2 prior Class X felony convictions, granting State's petition for adjudication as a habitual criminal, and sentenced him to natural life. Legislature intended that prior 2 Class X felony offenses be used as elements of the armed habitual criminal offense and to sentence to natural life imprisonment as a habitual criminal.  Sentence is not unconstitutional, as Defendant squandered multiple opportunities to self-correct and instead continued committing serious crimes. Although Defendant committed one of the felonies (armed robbery) when he was 17, even after amendment to Juvenile Court Act, conviction by a 17-year-old of that offense faces possible discretionary transfer to adult court. (KNECHT and STEIGMANN, concurring.)