Defendant appealed from his conviction and sentences for two counts of attempted first-degree murder of a peace officer and unlawful use of a weapon by a felon. The defendant raised nine issues on appeal, eight of which challenged his convictions and one that contested his sentence. The appellate court affirmed the convictions, finding no merit to any of defendant’s arguments; however, the appellate court vacated defendant’s sentence and remanded for re-sentencing after finding that the circuit court considered improper factors during sentencing when it commented on defendant’s traits, misstated the facts regarding the threat posed by the defendant prior to the shooting, and misstated defendant’s status of a resident of the home where the shooting occurred and his right to seek refuge in the home when police arrived. (ROCHFORD and MARTIN, concurring)
Illinois Appellate Court
Criminal Court
Sentencing