People v. Vatamaniuc

Defendant, age 17 at time of offense, was convicted of 1st-degree murder and sentenced to 54 years. The de facto life sentence does not comport with U.S. Supreme Court's 2012 Miller v. Alabama decision, because court failed to evaluate whether Defendant is irretrievably depraved, permanently incorrigible, or irreparably corrupt beyond possibility of rehabilitation. Ineffective assistance of counsel claim rejected, as Defendant provided no independent, objective confirmation that he did not timely accept the State's offer due to his counsel's erroneous advice. (SCHOSTOK and HUDSON, concurring.)