People v. Peacock

Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2019 IL App (1st) 170308
Decision Date: 
Thursday, August 1, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Reversed and remanded.
Justice: 
McBRIDE

Defendant, age 17 at time of offense, is serving concurrent sentences of 80 years, 30 years, 30 years, and 30 years for convictions, after bench trial,  of murder, kidnapping, and robbery. The Defendant's 80-year sentence is a de facto life sentence. Although he may be released after 40 years for good conduct, that is not guaranteed. Court failed to consider Defendant's youth and its attendant characteristics in imposing the sentence. Sentence violates the 8th amendment and is vacated as unconstitutional. Remanded for a new sentencing hearing.(REYES and BURKE, concurring.)