People v. Tolentino 

Defendant was convicted, after bench trial, of attempted first degree murder, being an armed habitual criminal, and aggravated discharge of a firearm, in shooting at police officer and other person. Court did not err in applying firearm enhancement to sentence, as statute does not prohibit it, when sentencing under subsection (A), and enhancement promotes policy concerns to deter intentional killings of peace officers and to discourage use of firearms in commission of felonies. Armed habitual criminal statute is not ex post facto legislation. None of the offenses charged are lesser included offenses, as each requires proof of distinct acts not necessary to prove the other offenses. (KARNEZIS and CONNORS, concurring.)