Defendant, age 16 at time of offense, was convicted, after bench trial, of 1st degree murder and sentenced to 40 years. Court did not err in denying Defendant's motion to suppress statements he made after he had invoked his right to counsel. Defendant was extradited from Idaho. Court concluded that there was no physical coercion and that, based upon testimony, there was no opportunity for detective to reinitiate his conversation with Defendant in a clandestine way; and that Defendant reinitiated the conversation with police after he invoked his right to counsel. Sentence is not a de facto life sentence. Court specifically considered the defendant’s age, familial background, and criminal history, and mitigating factors, and the heinous nature of the crime. Sentence is not excessive and does not violate proportionate penalties clause. (HOFFMAN and ROCHFORD, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing