State filed a delinquency petition alleging that Defendant, then age 29, was charged with 1st degree murder he had committed at age 14. Defendant could have been transferred from juvenile to criminal court had proceedings commenced while he was a minor. Defendant's prosecution in criminal court 14 years after his offense did not present limitations issues, as there is no statute of limitations for 1st degree murder. Defendant's allegation that sentencing court failed to consider the characteristics of youth is not rebutted by the record and is thus assumed to be true. Court imposed a discretionary sentence of natural life, but as court failed to consider characteristics of youth and finding of permanent incorrigibility, Defendant made a substantial showing that his sentence violated the 8th amendment. (HOLDRIDGE and SCHMIDT, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing