People v. Ortiz

Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2016 IL App (1st) 133294
Decision Date: 
Monday, October 17, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Vacated and remanded.
Justice: 
HARRIS

Defendant, age 15 at time of offense, was sentenced to 60 years for first degree murder of a 15-year-old. For a juvenile's mandatory or discretionary sentence of life in prison without parole to be constitutionally valid, the sentencing judge must take into account his youth and "attendant characteristics of youth" to determine whether defendant is "the rarest of juvenile offenders whose crimes reflect permanent incorrigibility." Amendment to Section 5-130 of Juvenile Court Act, which raised minimum age for automatic transfer to criminal court from 15 to 16 years old, is procedural in nature and thus may be applied retroactively. Sentence vacated, and remanded for resentencing.(CONNORS and CUNNINGHAM, concurring.)