Defendant, age 17 at time of offense, was convicted, after jury trial, of intentional 1st degree murder committed by personally discharging a firearm, and was sentenced to 53 years, including 25-year firearm enhancement. As his testimony was affirmatively damaging to the State’s case, the State properly impeached witness’ testimony by examining him regarding certain prior inconsistent statement related to Defendant’s location at the scene and by presenting those prior inconsistent statements through detective’s testimony. Defendant’s 53-year sentence is a de facto life sentence, and court erred in failing to consider Defendant’s youth and its attendant characteristics in imposing that sentence. (MIKVA, concurring; PIERCE, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing