People v. House

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2019 IL App (1st) 110580-B
Decision Date: 
Thursday, May 16, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
McBRIDE

Defendant, age 19 years and 2 months at time of offense, was convicted of 2 counts of 1st degree murder and 2 counts of aggravated kidnapping, and sentenced to 2 consecutive life sentences, and 2 terms of 30 years to run consecutive to the life sentences. Defendant was not present at scene of murder but merely acted as a lookout near the railroad tracks; there was no evidence that he helped to plan the commission but took orders from higher ranking gang members.His mandatory life sentence was same as that applicable to the shooter; and a codefendant with similar culpability as Defendant, age 17 at time of offense, was released after resentencing. The designation that after age 18 a person is a mater adult is arbitrary, especially in this case; and recent trends give persons under age 21 consideration for their age and maturity level. Because life sentence was mandatory, court was not able to take any mitigating factors into consideration, nor the goal of rehabilitation. Defendant's mandatory life sentence shocks the moral sense of the community. Remanded for new sentencing  hearing. (GORDON and REYES, concurring.)