Topic: the prohibition against double enhancements is based on the… · Go Syfert
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Topic #12998

6 canonical passages across 5 cases, quoted by 30 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from People v. Phelps.

#Case FlagCanonical passage Citers
1 People v. Phelps Anchor
ill · 2004
green “the prohibition against double enhancements is based on the assumption that, in designating the appropriate range of punishment for a criminal offense, the legislature necessarily considered the factors inherent in the offense.” 8
2 People v. Perruquet
ill · 1977
green “a reasoned judgment as to the proper sentence to be imposed must be based upon the particular circumstances of each individual case.” 8
3 People v. Powell
illappct · 2012
green “the legislature clearly intends to enhance the penalty based upon some aspect of the crime and that intention is clearly expressed.” 5
4 People v. McFadden
illappct · 2014
green “illinois law has long held that, in prosecutions for the offense of uuw by felon, the prior felony conviction is an element of the offense which must be proven beyond a reasonable doubt by the state before the jury in its case in chief.” 3
5 People v. Easley
illappct · 2012
green “any second or subsequent violation shall be a class 2 felony” 3
6 People v. Powell
illappct · 2012
green “a single factor cannot be used both as an element of an offense and as a basis for imposing a sentence harsher than might otherwise have been imposed.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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