Defendant was convicted, after bench trial, of several offenses relating to attempted first degree murder of a peace officer, and personally discharging a firearm. Defendant was sentenced to 20 years for attempted murder, with additional mandatory 20-year enhancement for personally discharging a firearm. Illinois' "legally indistinguishable" automatic transfer has been held constitutional by Illinois Supreme Court. Thus, in the absence of actual punishment imposed by exclusive jurisdiction statute, it does not violate 8th amendment. Exclusive jurisdiction statute does not violate procedural or substantive due process. Court took into account Defendant's age and other mitigating circumstances, such as lack of criminal background and difficult upbringing, in imposing minimum sentence. Sentencing scheme, as applied to Defendant, violates proportionate penalties clause of Illinois Constitution, as it shocks evolving standard of moral decency. Sentence reversed, and remanded for resentencing in line with new sentencing scheme, without imposition of mandatory enhancement.in(CUNNINGHAM and HARRIS, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing