Illinois Appellate Court
Criminal Court
Sentencing
Defendant was convicted, after jury trial, of first-degree murder of one victim, and of attempted first-degree murder and aggravated battery with a firearm of another victim. A 25-year enhancement for personally discharging a firearm applies to the first-degree murder conviction but does not apply to the attempted murder conviction. Statute requires that the fact (of personal discharge of a firearm) be included as an aggravating factor for the specific offense, as jury is required to consider the specific elements required for an aggravating factor for that offense, and the elements for the convicted charges are not the same as the elements for the sentencing enhancement. (GARCIA and McBRIDE, concurring.)