People v. Baity

Following a bench trial, the defendant, Thomas Baity, Sr., was convicted of attempted murder (Ill. Rev. Stat. 1981, ch. 38, pars. 8-4, 9-1), armed violence based on aggravated battery (Ill. Rev. Stat. 1981, ch. 38, pars. 33A-2, 12-4(a)), and aggravated battery (Ill. Rev. Stat. 1981, ch. 38, par. 12-4). The court found that the aggravated battery count merged into the armed violence conviction, and the defendant was sentenced to concurrent terms of eight years for attempted murder and armed violence. On appeal, he contends that he was improperly convicted of multiple offenses arising from a single physical act. The evidence presented at trial established that at 5:30 a.m. on August 30, 1980, the defendant went to his wife's Chicago apartment and said, I came to say goodbye. As his wife turned and walked away, he shot her three times, wounding her in the right shoulder, left hip and left arm.