Appellate Court of Illinois

In a conviction for aggravated unlawful use of a weapon where, through enhancement, defendant was sentenced as a Class X offender, determination that defendant was Class X eligible is vacated and the matter remanded for a new sentencing hearing where it is clear from the record that the trial court either relied on an insufficient number of Class 2 or greater felony convictions, or relied on an impermissible double enhancement to find defendant eligible for Class X sentencing.

Appellate Information

• Decided 11/05/2007
• Published 11/12/2007

Judges

Court

• Appellate Court of Illinois

Counsel