The Illinois Appellate Court ruled in the alternative that even if the issue had not been waived by petitioner's guilty plea, on the merits, he was without recourse. As a matter of state law, the prosecution was not required to give the defendant notice that his prior convictions made him eligible for a Class X sentence. Nitz, at 4 (citing People v. Contreras, 241 Ill. App. 3d 1023, 1025-26, 609 N.E.2d 949, 950-51 (1st Dist. 1993)); see also People v. Glenn, 267 Ill. App. 3d 229, 230, 640 N.E.2d 957 (2d Dist. 1994) (following Contreras to hold that the charging instrument need not notify a defendant of the state's intention to seek an enhanced sentence where prior convictions increase only the sentence of the offense and not its classification). Because the appellate court's procedural holding requires dismissal of the claim, the court need not weigh in on the merits of the substantive holding.