People v. Owens

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 was Class X eligible. For reasons that follow, we vacate the trial court’s sentencing order and remand the cause for a new sentencing hearing.

FACTS

On May 27, 2005, defendant was…