Defendant, then age 15, was charged with 1st degree murder in shooting of 13-year-old. At time of offense, 15-year-olds charged with 1st degree murder were automatically excluded from juvenile court jurisdiction, and thus Defendant was tried, convicted, and sentenced as an adult. The amendment to Section 5-130 of Juvenile Court Act, which increased minimum age for mandatory transfer of a defendant charged with 1st degree murder from 15 to 16, applies retroactively. Thus, Defendant's sentence is vacated and case is remanded to juvenile court, where State may elect to seek discretionary transfer. Toolmark and firearm identification evidence is not new or novel, and law in Illinois is consistent in its admission of such evidence.(HARRIS and SIMON, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing