People v. Nieto

(Court opinion corrected 4/7/16.) Defendant, then age 17, when a front-seat passenger with 3 other gang members, shot and killed 1 person, and injured another, when they allegedly used a sign disrespecting their gang. Jury convicted Defendant of first degree murder and aggravated battery with a firearm. Court sentenced Defendant to total 78 years. Per U.S. Supreme Court decision, state courts must give 2012 Miller v. Alabama U.S. Supreme Court decision, which bars life without parole for all but the rarest juvenile offender, effect in collateral proceedings as it is a substantive rule. Courts must consider a juvenile's special characteristics even when exercising discretion.Sentence is not likely to deter anyone, as deterrence is diminished in juvenile sentencing. Court failed to consider characteristics of Defendant's youth through lens of Miller decision. (MASON and PUCINSKI, concurring.)