Defendant was convicted, after jury trial, of numerous offenses including first-degree murder. On murder conviction, court sentenced Defendant to 55 years and imposed additional 45-year term based on fact that Defendant personally discharged a firearm that caused death of a woman passenger in car in which Defendant was riding. Nowhere in Section 5-8-1(a)(1)(d)(iii) of Code of Criminal Procedure does it indicate that in imposing firearm add-on the court may consider only facts surrounding murder; court may consider any relevant sentencing factors. No double enhancement occurred by court considering Defendant's prior bad acts in assessing the 55-year sentence and the 45-year firearm add-on. Court considered prior offenses only in exercising its discretion to select appropriate terms within the ranges for each. (McLAREN and BIRKETT, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing