Defendant, age 15 at time of offenses, was convicted, after jury trial, of 1st-degree murder and aggravated battery with a firearm, and sentenced to total 61 years. This is a de facto life sentence. Trial court believed that it had limited, if any, room for discretion in fashioning Defendant's sentence.Sentencing scheme now affords sentencing courts discretion to apply firearm enhancement. A life sentence for a juvenile is appropriate only where that defendant is the rare juvenile offender whose crime reflects irretrievable depravity, permanent incorrigibility, or irreparable corruption beyond rehabilitation. This sentencing court did not have at its disposal current modifications to sentencing parameters. Remanded for resentencing. (BIRKETT and SCHOSTOK, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing