People v. FernandezAnnotate this Case
Officer Salgado attempted to stop a man (Gonzalez) he saw breaking into a car. Gonzalez fired several shots at Salgado, who returned fire. Gonzalez jumped into the car driven by Fernandez. The two escaped the scene. Salgado later identified Fernandez and Gonzalez from a photo lineup. Fernandez returned home, bleeding from a gunshot to his hand. The vehicle he was driving, which belonged to his sister, was found and had bullet holes in several places. Gonzalez also had a gunshot wound. Fernandez was found guilty by accountability of one count of burglary, 720 ILCS 5/19-1(a), and two counts of aggravated discharge of a firearm in the direction of a peace officer, 720 ILCS 5/24-1.2(a)(3)). The trial court merged the convictions into a single count of aggravated discharge of a firearm in the direction of a peace officer and sentenced him to 12 years in prison. The appellate court affirmed. The Illinois Supreme Court held that the evidence supported the aggravated discharge of a firearm conviction.