People v. Harvey

Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2019 IL App (1st) 153581
Decision Date: 
Thursday, May 16, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Reversed and remanded.
Justice: 
McBRIDE

Defendant, ageĀ 16 at time of offense and subject to an automatic transfer to adult court, was convicted of 1st degree murder and armed robbery, and sentenced to concurrent terms of 52 and 30 years. The 52-year sentence constitutes a de facto life sentence. Court failed to consider Defendant's youth and its attendant characteristics in imposing that sentence. The court's mere awareness of a defendant's age and consideration of a PSI (presentence investigation) does not provide evidence that the court specifically considered Defendant's youth and its attendant characteristics. Defendant's sentence violates the 8th amendment. Remanded for a new sentencing hearing. (REYES and BURKE, concurring.)