People v. Johnson

Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2020 IL App (3d) 130543-B
Decision Date: 
Monday, September 14, 2020
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
LYTTON

Defendant, age 17 at time of offense, was convicted, after jury trial, of 1st degree murder and aggravated unlawful use of a weapon and sentenced to 80 years. Sentence, which is a life sentence, is vacated, and remanded for a new sentencing hearing with instruction to consider Defendant's youth and its attendant characteristics, under the juvenile sentencing scheme per section 5-4.5-105 of Unified Code of Corrections. No error in prosecutor stating that reasonable doubt is up to the jury to decide, and that the parties are not allowed to define it in Illinois. Prosecutor did not attempt to define reasonable doubt and she did not elaborate on its meaning.(CARTER and SCHMIDT, concurring.)