(Court opinion corrected 10/30/20.) Defendant, age 17 at time of offenses, was convicted, after bench trial, of 1st degree murder, aggravated battery with a firearm, and aggravated discharge fo a firearm and sentenced to total 44 years, which is a de facto life sentence. Court failed to give full consideration of the factors described in U.S. Supreme Court's Miller v. Alabama decision. The Illinois Supreme Court's 2019 People v. Buffer decision, decided more than 2 years after Defendant was sentenced, capped a juvenile defendant's sentence to 40 years unless the sentencing court specifically finds that the defendant is beyond rehabilitation. This change in the law since the time of Defendant's sentencing hearing necessitates that Defendant receive a new sentencing hearing. Defendant's sentence violates the Eighth Amendment. (GORDON and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing