Court denied Defendant leave to file a successive postconviction petition. Defendant, age 16 at time of offense, was convicted, after jury trial, of 1st degree murder, home invasion, and residential burglary, and sentenced to a de facto life sentence of 50 years. Sentencing court failed to consider whether Defendant was beyond rehabilitation and was permanently incorrigible. Evidence was presented on his potential for rehabilitation. Forensic psychiatrist opined that Defendant's drug abuse problem could be rehabilitated by confinement and by a drug treatment program, and his personality disorder could be treating with counseling. Sentence was unconstitutional and in violation of U.S. Supreme Court's 2012 Miller v. Alabama decision. Remanded for new sentencing hearing.(MIKVA and CONNORS, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing