People v. Thomas

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2017 IL App (1st) 142557
Decision Date: 
Monday, March 6, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
HARRIS

Defendant, who was 18 at time of offenses, was convicted after jury trial of 1st degree murder, attempted first degree murder, and attempted armed robbery; and sentenced to total 80 years. Defendant's sentence did not violate 8th amendment or proportionate penalties clause because mandatory firearm enhancements are intended to account for serious nature of weapons offenses and Defendant's rehabilitative potential. No ineffective assistance of counsel at sentencing by counsel failint to raise constitutional arguments. Cases cited by Defendant do not address culpability of an adult Defendant, as Defendant was given his age of 18 at time of offenses. (SIMON, concurring; MIKVA, dissenting.)