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PEOPLE v. OWENS

No. 1-06-0445.

878 N.E.2d 1189 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Calvin OWENS, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

November 5, 2007.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, and Gilbert C. Lenz, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (James E. Fitzgerald, Alan J. Spellberg, William L. Toffenetti, and Lisa M. Morrison, of counsel), for Appellee.

Justice WOLFSON delivered the opinion of the court:

Aggravated unlawful use of a weapon is a Class 4 offense. Because the defendant was charged with committing that offense after having been convicted of delivery of a controlled substance, the indictment accused him of a Class 2 offense. He was convicted of the Class 2 offense, but, through enhancement, he was sentenced as a Class X offender. This appeal challenges the trial court's determination that the defendant...

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