Defendant, age 19 at time of offense, was convicted of 1st degree murder and attempted armed robbery in shooting death, and sentenced to 50 years. Record does not show that court considered the specific mitigating factors related to Defendant's youth and developing brain at time of his offense, such as his drug addiction. Further proceedings will allow court to determine whether his individual characteristics at time of offense rendered him functionally younger than 19, so that tenets of U.S. Supreme Court's 2012 decision in Miller v. Alabama apply to him. Defendant established cause and prejudice and should have been granted leave to file successive postconviction petition on his claim pursuant to proportionate penalties clause of Illinois Constitution. (DELORT and ROCHFORD, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing