People v. Nieto

Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2020 IL App (1st) 121604-B
Decision Date: 
Tuesday, June 30, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
LAVIN

Defendant, age 17 at time of offense, was convicted, after jury trial, of 1st degree murder of one person, and aggravated battery with a firearm of another person; and jury found that Defendant personally discharged a firearm that proximately caused victim's death. Defendant's cumulative 78-year sentence was a life sentence. Life in prison without parole is disproportionate unless the juvenile defendant's crime reflects irreparable corruption. Court failed to understand and consider the unique characteristics attending youth. Remanded for a new sentencing hearing. (PUCINSKI and COGHLAN, concurring.)