Criminal procedure — listing reason for enhancement

Posted November 18, 2014 3:13 PM

Where a defendant is sentenced at an elevated classification based on a prior felony conviction, and the underlying felony listed in the charging instrument is not eligible for enhanced sentencing, the state is obligated to provide notice on the charging instrument or the enhanced sentence will be void. The Illinois Appellate Court, 1st District, 1st Division, affirmed in part and reversed and remanded in part the decision of Cook County Circuit Judge Nicholas R. Ford. Damian Whalum was charged with two counts of …

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