A sentencing judge's finding about an offender's state of mind must be consistent with the directions given to the jury upon which the verdict was necessarily based. Where separate shots cause injury to one victim and death to another, fully concurrent sentences may fail to reflect the separate criminality involved, even where the acts form part of a connected sequence. Classifying a deliberate point-blank shooting as murder at the lower end of the scale of objective seriousness constitutes appealable error where the offender's psychological impairments and intoxication have been allowed to impermissibly diminish the criminality.
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