People v. Baker

(Modified upon denial of rehearing 3/17/15.) Defendant, age 15 at time of offense, was convicted, after jury trial, of two counts of first degree murder and three counts of home invasion, and sentenced to two mandatory terms of natural life for murders, and 30 years for each home invasion. Two murders and home invasion at neighboring house arose out of same incident, and thus home invasion was properly prosecuted under criminal law in circuit court, even though that charge had not been transferred from juvenile court. Defense counsel's decision to forgo instructing jury on insanity was a matter of trial strategy, thus no ineffective assistance of counsel. Court properly limited opinions of defense neuropharmacologist expert to adverse effects of Cymblta (which Defendant had been prescribed) on adolescents in general, as he did not have qualifications required to offer expert opinion on issue of Defendant's sanity or mental illness. As no indication that court considered Defendant's youth and attendant characteristics, life sentences are vacated. (STEWART and MOORE, concurring.)