People v. Mitok

He argues that the circuit court applied an improper double enhancement when the same prior felony that was an element of his offense was also considered as a predicate offense making him eligible for mandatory Class X sentencing. Thus, he argues that the court committed plain error when it sentenced him as a Class X offender rather than as a Class 2 offender. We vacate the court's sentence and remand for resentencing.

¶ 2 FACTS

¶ 3 The State charged defendant by indictment with aggravated DUI (625 ILCS 5/11501(a)(2), (d)(2)(C) (West 2016) ). The indictment alleged that the present offense…