People v. Alvarez

Defendant was convicted, after bench trial, of 5 counts attempted first-degree murder, 2 counts of aggravated battery with a firearm, and 1 count of armed violence.Court had never made an explicit finding that victim's injuries constituted severe bodily injury, which requires a degree of harm to victim that is something more than that required to create aggravated battery offense. Isolated comment about "seriousness" of victims injuries cannot serve as basis for upholding court's imposition of consecutive sentences. Because court failed to make requisite findings of severe bodily injury before imposing consecutive sentences, imposition of consecutive sentences on 2 counts, and court's judgment requiring concurrent sentences on 3 counts to be served consecutively to 2 other counts, are vacated.(SCHOSTOK and McLAREN, concurring.)