People v. Daniel

(Court opinion corrected 2/22/21.) Defendant, age 16 at time of offenses, was convicted of 1st degree murder, armed robbery, and residential burglary in 1991, and sentenced to an extended 70-year prison term for murder, 20 years for armed robbery, and 15 years for residential burglary, all to run concurrently. This is a de facto life sentence, even though Defendant is eligible for day-for-day credit. Court failed to fully consider Defendant's youth and it attendant circumstances in imposing the 70-year sentence; sentence violates 8th amendment. Court erred in dismissing Defendant's successive postconviction petition. Sentence vacated, and remanded for resentencing. (ROCHFORD and DELORT, concurring.)