Defendant juveniles were sentenced prior to the new juvenile sentencing provisions, including subsection (b) which gives the trial court discretion not to impose otherwise mandatory firearm sentencing enhancements. Subsection (b) of the new juvenile sentencing provisions mitigates punishment because the potential sentence is "less severe" than under the prior sentencing scheme. Thus, Defendants are not eligible to be sentenced under subsection (b). Because amendment to section 5-130(1)(a) of Juvenile Court Act (which eliminated armed robbery while armed with a firearm and aggravated vehicular hijacking while armed with a firearm, offenses of which that Defendant had been convicted, from the list of automatic transfer offenses) became effective after one juvenile Defendant's trial court proceedings were concluded, because no reversible error necessitates remand for further proceedings to which the amended statute could apply, and because that Defendant is no longer subject to jurisdiction of juvenile court, that amendment does not apply retroactively in that Defendant's case.(KARMEIER, FREEMAN, THOMAS, KILBRIDE, GARMAN, and BURKE, concurring.)
Illinois Supreme Court
Criminal Court
Juvenile Sentencing