Illinois Appellate Court
Criminal Court
Sentencing
Defendant was convicted, after jury trial, of attempted first degree murder while personally discharging a firearm. No plain error in court instructing jury on attempted first degree murder charge by not telling jury to find Defendant specifically intended to kill the person toward whom Defendant shot, rather than "an individual". Court properly considered aggravating and mitigating factors in sentencing Defendant to 43 years in prison: Defendant was a self-identified gang member, and on bond at time of shooting for 2008 charge of attempted first degree murder, was age 23 with no criminal history, was acquitted of prior charge and no one was harmed in the shooting. (PUCINSKI and MASON, concurring.)