People v. Nolker

Charles Nolker appeals from a final order of the circuit court of Madison County which dismissed his original and supplemental petitions for post-conviction relief. This appeal raises two issues. First, Nolker asserts that the presence of a single weapon was used to enhance a misdemeanor escape charge first to felony escape and then to armed violence; Nolker argues that this double enhancement violates his constitutional right to due process of law. Second, Nolker contends that his due process rights were violated because he was charged with, and convicted of, armed violence as a result of an…