People v. Carmichael

PRESIDING JUSTICE HOFFMAN

delivered the opinion of the court:

Following a bench trial, the defendant, Antwoyn Carmichael, was found guilty of unlawful use of a weapon by a felon and sentenced to five years in prison. On appeal, the defendant contends that we must vacate his sentence and remand for resentencing because: (1) the trial court improperly relied upon his prior armed violence conviction to enhance the offense of unlawful use of a weapon by a felon from a Class 3 felony to a Class 2 felony; (2) the sentence was imposed in violation of his constitutional rights pursuant to the rule…