People v. McGee

Defendant, Rickey McGee, was found guilty in a jury trial of attempt (murder) (Ill. Rev. Stat. 1981, ch. 38, par. 8 — 4(a)), armed violence (Ill. Rev. Stat. 1981, ch. 38, par. 33A — 2), and aggravated battery (Ill. Rev. Stat. 1981, ch. 38, par. 12 — 4(a)). He was sentenced to concurrent extended 40-year terms of imprisonment for attempted murder and armed violence.

On appeal defendant raises the following issues: (1) whether the act for which he was convicted of attempted murder was accompanied by exceptionally brutal or heinous behavior to warrant an extended-term sentence; and (2) whether…