Defendant, age 15 at time of offenses, was convicted, after jury trial, of 2 counts of 1st degree murder and 1 count of attempted 1st degree murder, and was sentenced to mandatory life in prison to run consecutively with a 30-year sentence for the attempt. Parties agreed that mandatory life sentence violates the U.S. Supreme Court's 2012 Miller v. Alabama holding finding that mandatory life without parole for a juvenile defies the eighth amendment. Court resentenced Defendant to 2 concurrent terms of 54 years, to run consecutively with a 6-year sentence for attempt. Upon resentencing, court expressed no finding of permanent incorrigibility, and expert's undisputed testimony overwhelmingly conflicted with permanent incorrigibility. This is a de facto life sentence which violates 8th amendment, and is vacated. One 34-year sentence is imposed for 1st degree murder, and 6-year sentence for the attempt, for a total of 40 years. (WALKER and GRIFFIN, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing