People v. Murphy

delivered, the opinion of the court:

Following a bench trial, the defendant Rickey Murphy was convicted of the Class 1 felony of possession of a controlled substance with intent to deliver. (Ill. Rev. Stat. 1991, ch. 56½, par. 1401(c)(2).) Based on his prior convictions, he was sentenced as a Class X offender (Ill. Rev. Stat. 1991, ch. 38, par. 1005 — 5—3(c)(8)) to a six-year prison term. The defendant contends on appeal that his sentence must be reduced or vacated because the State did not provide him notice in the charging instrument that it would seek an enhanced sentence upon conviction.

At…