People v. Brown

Defendant, age 16 at time of offense, was tried as an adult pursuant to mandatory transfer provision of Juvenile Court Act, and was convicted, after jury trial, of aggravated battery with a firearm and three counts of attempted first degree murder. Court merged convictions into one count for attempted first degree murder and sentenced him to 50 years imprisonment, consisting of 25-year term for attempted first degree murder and 25-year sentencing enhancement for personally discharging a firearm that proximately caused great bodily harm to another. State presented sufficient evidence to support sentencing enhancement imposed by showing that Defendant caused great bodily harm. Mandatory transfer provision of Juvenile Court Act is constitutional. Court abused its discretion when, in determining sentence, relied on speculative evidence, and where sentence failed to satisfy constitutional objective of restoring Defendant to useful citizenship. Sentence for attempted first degree murder is reduced to 6 years, with 25-year enhancement.(DELORT and CUNNINGHAM, concurring.)