People v. Womack

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2020 IL App (3d) 170208
Decision Date: 
Friday, April 3, 2020
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Reversed and remanded with directions.
Justice: 
LYTTON

Defendant, age 16 at time of offense, was convicted of attempted murder, aggravated battery with a firearm, and aggravated unlawful use of a weapon, and was sentenced to 18-year term with an additional mandatory 20-year enhancement for personally discharging a firearm, for a total of 38 years. Mandatory imposition of firearm enhancements for juveniles no longer reflects Illinois's evolving standard of decency. Applying the 20-year mandatory firearm enhancement to Defendant violates the proportionate penalties clause of the Illinois constitution, especially as in this case a tense exchange occurred between victim and Defendant that resulted in impulsive and reckless decision-making behavior to which young minds are more susceptible. Court erred in denying Defendant's motion for leave to file successive postconviction petition alleging an as-applied proportionate penalties clause violation.(McDADE, concurring; SCHMIDT, dissenting).