Defendant, on a Saturday afternoon in summer, walked up to a car stopped at intersection and fired 4 shots into the vehicle, missing the driver but killing the passenger. Defendant was convicted, after jury trial, of murder and aggravated discharge of a firearm, and court sentenced him to 55 years for murder and consecutive sentence of 7 years for firearm conviction. In stating, at sentencing, that it was a senseless act with a gun on a street on a Saturday, court did not improperly impose sentence based primarily on the fact that Defendant shot someone with a gun. Court properly considered degree and gravity of conduct and nature and circumstances of offense, and record does not show that court improperly considered element of offenses as aggravating factor. Court weighed aggravating and mitigating factors and sentenced within permissible range.(FITZGERALD SMITH and PUCINSKI, concurring.)
Illinois Appellate Court
Civil Court
Sentencing