People v. Horta

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2016 IL App (2d) 140714
Decision Date: 
Monday, December 5, 2016
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
ZENOFF

Defendant, age 18 at time of offense, was convicted, under accountability theory, of first-degree murder, and was sentenced to 59 years, which included a mandatory 15-year add-on because Defendant was armed with a firearm during offense. Discretionary portion of Defendant's aggregate term of 59 years greatly exceeded the mandatory portion. Court found numerous factors in aggravation and little in mitigation.  The 15-year add-on, as applied, does not violate proportionate penalties clause of Illinois constitution or 8th Amendment. (BURKE and HUDSON, concurring.)