Illinois Appellate Court
Criminal Court
Sentencing
Defendant was convicted, after jury trial, of second degree murder, attempted first degree murder, and aggravated discharge of a firearm; and in simultaneous bench trial was convicted of unlawful use of a weapon by a felon. Alleged disparity in sentencing range between Defendant's sentence for attempted first degree murder and second degree murder is not cruel, degrading, or so wholly disproportionate to shock moral sense of community and thus does not violate due process. Defendant failed to identify suspect class or others treated unequally, and thus failed to prove denial of equal protections. Court within its discretion in imposing aggregate 54-year sentence. Attempted first degree murder statute does not provide for reduction in sentence when a defendant proves that he acted in self-defense. (HARRIS and LIU, concurring.)