Illinois Appellate Court
Criminal Court
Sentencing
Defendant was convicted, after jury trial, of first degree murder and other weapons offenses. Court improperly considered a factor inherent in offense of first degree murder, giving improper weight to the double enhancing factor. Court expressly stated, in aggravation, that Defendant's conduct did cause harm and acknowledged that this fact was inherent in offense of murder.Defendant should not be subject to DNA analysis fee on remand, as his DNA was previously recorded.(O'BRIEN and CARTER, concurring.)