Defendant, age 17 at time of offense, was convicted, after bench trial, of 1st-degree murder and sentenced to 30 years, plus an additional 25-year firearm enhancement. Defendant is entitled to a new sentencing hearing. At sentencing hearing, trial court made no reference to Defendant's age or to any youth-related factors before imposing sentence. At all 3 proceedings before sentencing judge, the court did not consider the Miller v. Alabama factors before imposing a de facto life sentence. Upon remand, sentencing court may impose a de facto life sentence only upon finding of irretrievable depravity, or incorrigibility, and court may make appropriate sentencing decision only after considering the Defendant's youth and its attendant characteristics. Under the new sentencing scheme, the firearm enhancement is no longer mandatory. (LAMPKIN and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing