People v. Pace

(Modified upon denial of rehearing 10/16/15.) In 2007, Defendant, age 16 at time of offense, entered blind guilty plea to 1 count of first degree murder, 1 count of first degree murder with personal discharge of firearm that proximately caused death, and 2 counts of aggravated battery with a firearm. Defendant's case had been transferred to adult criminal court pursuant to automatic transfer provision of Juvenile Court Act. Court placed significant weight on improper aggravating factors in sentencing, including statements about judge's personal feelings about gang violence and statements that judge felt aligned with victims. Thus, remanded for resentencing before different judge. Judge did not abandon his role as neutral arbiter during hearing on Defendant's motion to vacate his guilty plea. Automatic transfer provision, and application of consecutive sentencing statute and firearm enhancement are not unconstitutional. Mittimus corrected from 2 to 1 count of murder, based on one-act, one-crime doctrine. (CUNNINGHAM and HARRIS, concurring.)