Defendant, age 17 at time of offenses, was convicted, after stipulated bench trial, of 1st degree murder and attempted murder. Defendant's 90-year sentence is a de facto life sentence, but court imposed sentence without considering Defendant's youth and its attendant characteristics. Remanded for resentencing. Defendant was not subject to provisions of Juvenile Court Act at time of incident and subsequent interrogations, as relevant provisions of the Act applied to minors who violated or attempted to violate the law prior to their 17th birthday. Officers were not bound by the Act to contact Defendant's mother or to allow him to speak with a concerned adult during or prior to interrogation. Defendant's statements were voluntary and court did not err in denying his motion to suppress. The issue of fitness had been raised, and court ordered a fitness evaluation to assist in determining whether a bona fide doubt as to fitness actually existed; and nothing in the record supported a conclusion that Defendant was unfit. (HOLDRIDGE and WRIGHT, concurring).
Illinois Appellate Court
Criminal Court
Juvenile Sentencing