Defendant, age 19 at time of offenses, was convicted, after bench trial, of 1st degree murder and attempted 1st degree murder, and sentenced to aggregate term of 76 years. Mandatory firearm enhancement statute, and the consecutive sentencing statute, are not unconstitutional as applied to Defendant. As the "truth in sentencing" statutes, which mandate that Defendant serve all of his murder sentence and at least 85% of attempted murder sentence, do not affect sentencing ranges for each crime, they do not violate proportionate penalties clause and are not unconstitutional as applied to Defendant. Defendant's sentence is a de facto life sentence, and violates rehabilitation clause of Illinois Constitution, which mandates that penalties should have objective of restoring offender to useful citizenship. Defendant had no violent criminal history, and his sentencing should have been specific to his own circumstances. (NEVILLE, concurring; MASON, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Sentencing