Defendant was convicted, after bench trial, of aggravated discharge of a firearm. Defendant had fired a handgun at 2 cars traveling nearby, while he was a passenger in a car. Defendant testified at trial that he fired only in self-defense, as he did not know that those 2 cars were driven by off-duty police officers, and after 1 officer fired a gun at his car. There was no evidence, except Defendant’s testimony, that either officer ever fired or even pointed a gun. Sentence was not excessive. Court did not “double-count" the act of Defendant firing the gun, but aggravated his sentence specifically to deter others from repeating Defendant’s actions. Plain language of statute indicates that Defendant must serve at least 85% of his 10-year sentence. (NEVILLE and PIERCE, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing