Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Defendant, age 16 at time of offense, was convicted, after bench trial, of 1st-degree murder of his longtime friend, age 17 during verbal argument, and was sentenced to 52 years. Evidence at trial does not support Defendant's argument that he had an actual but unreasonable belief in need for self-defense. Defendant suffered no injuries,and the only witness corroborating Defendant was inconsistent in his testimony. Sentence does not violate 8th amendment or proportionate penalties clause of Illinois Constitution. Even if Defendant serves 100% of his sentence, he would be released at age 68, and sentence is not the functional equivalent of life without possibility of parole. (SIMON and MIKVA, concurring.)