(Modified upon denial of petition for rehearing 8/27/20.) Defendant, age 16 at time of offense, was convicted, after jury trial, of 1st degree murder and of personally discharging the firearm that caused the victim's death, and was sentenced to 50 years. The findings in Illinois Supreme Court decisions in Miller and Buffer cases as to the 8th amendment apply to Defendant, and he is entitled to a sentence that takes the Miller factors into account. There is no evidence that trial court considered Defendant's particular immaturity and impetuosity or peer pressure from the gang he belonged to. Defendant established the cause and prejudice needed to file a successive postconviction petition on his claim that a 50-year sentence for a minor violates the 8th amendment's prohibition against cruel and unusual punishment. (HALL and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing