Defendant, age 17 at time of offense, waived juvenile court jurisdiction and entered into open guilty plea to aggravated robbery. Court had jurisdiction where original notice of appeal was dismissed, the mandate was filed in circuit court, then circuit court modified its judgment, and Defendant filed a new notice of appeal within 30-day period after denial of Defendant's motion. Court properly considered nature and circumstances of the offense and did not err by improperly considering a factor inherent in the offense (that Defendant indicated that he had a firearm, which he pointed directly at 15-year-old victim's forehead); court noted threat of violence was inherent in offense, and emphasized its consideration of factors in aggravation related to event occurring in the home and terror felt by victims. (TURNER and HARRIS, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing