People v. Gipson

Defendant was tried and sentenced as an adult for shooting incident at age 15. After automatic transfer from juvenile court to adult court, court found him unfit to stand trial but later determined he had been restored to fitness. Court found Defendant guilty of attempted first-degree murder of two persons, aggravated battery with a firearm and aggravated discharge of a firearm. As applied to Defendant, cumulative sentence of 52 years does not constitute a natural life sentence without possibility of parole, and thus Illinois' transfer and sentencing scheme does not violate eighth amendment. Defendant's sentence is so wholly disproportionate that it shocks the moral sense of the community and, as applied, automatic transfer statute in conjunction with sentencing scheme violates proportionate penalties clause. Reversed and remanded for retroactive fitness hearing.(PUCINSKI and MASON, concurring.)