People v. Spears

Defendant, Charles Spears, was convicted of attempted first degree murder (Ill. Rev. Stat. 1989, ch. 38, pars. 8 — 4(a), 9 — 1(a)(1)) and was sentenced to a term of 20 years’ imprisonment. He appeals his sentence, contending that the trial court relied on erroneous information in the presentence report, that the trial court relied on the threat of physical harm as an aggravating factor when it was implicit in the offense, and that the sentence exceeded those of similarly placed offenders.

At the trial, the State presented evidence which showed that on September 4, 1989, defendant had fired at…