People v. Davis

Following a jury trial, the defendant, Wayne Davis, was found guilty of involuntary manslaughter (720 ILCS 5/9 — 3(a) (West 2000)). At the sentencing hearing, the trial court found that the victim was a “family or household member” (725 ILCS 5/112A — 3(3) (West 2000)). Based only on the family-or-household-member finding, the trial court ruled that the offense was elevated from a Class 3 felony to a Class 2 felony, and the trial court imposed a sentence of 10 years’ imprisonment. On appeal, the defendant argues that his due process rights were violated because he was not charged with, and the…