People v. Ramirez

(Modified upon denial of rehearing 5/27/15.) Defendant was convicted, after jury trial, of four counts of attempted first degree murder and sentenced to four concurrent terms of 40 years in prison. Defendant forfeited plain-error review of his allegation that court improperly considered use of a firearm as a factor in aggravation when he had already received mandatory enhanced sentence as firearm was involved. Consideration of improper factor in sentencing does not always constitute structural error. Structural error cases are limited to systemic errors which erode integrity of judicial process. Consecutive sentences are not mandatory for all attempted murder cases involving great bodily harm. (PUCINSKI and HYMAN, concurring.)