People v. Jackson

Defendant, age 16 at time of offense, was convicted as an adult, after jury trial, of 1st degree murder and of personally discharging the firearm that caused victim's death, and was sentenced to 50 years. This sentence, although discretionary, is considered a de facto life sentence. There is no evidence that trial court considered Defendant's particular immaturity and impetuosity or peer pressure from the gang he belonged to. Thus, Defendant established prejudice needed to file his successive postconviction petition and is entitled to a sentence taking those factors into account. (HALL and REYES, concurring.)