Defendant, age 15 at time of incident, was convicted, after jury trial, of attempted 1st degree murder and attempted armed robbery, and sentenced to consecutive terms of 45 years and 5 years. Sentence did not violate proportionate penalties clause. Evidence indicated that Defendant and his codefendants planned the armed robbery, and store clerk would have died had he not received emergency treatment. Court was aware of Defendant's age, considered his culpability, and stated that it considered mitigating and aggravating factors. Court was not required to give his rehabilitative potential greater weight than the seriousness of the offense. Video surveillance camera showed sequence of events, including that Defendant fired at clerk in the chest, about one and a half feet away. Jury could infer that Defendant intended to kill clerk. (PIERCE and GRIFFIN, concurring.)
Illinois Appellate Court
Criminal Court
Hearsay