People v. Johnson

Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2021 IL App (3d) 180357
Decision Date: 
Friday, February 26, 2021
District: 
3d Dist.
Division/County: 
Tazewell Co.
Holding: 
Reversed and remanded with directions.
Justice: 
HOLDRIDGE

Defendant, age 16 at time of offense, and his older sister (age 20 at time at offenses) were charged with 1st degree murder for killing their father and their father's girlfriend. Defendant entered into a negotiated plea agreement and was sentenced to 90 years and a consecutive sentence of 20 years, and found him eligible for the extended-term sentence due to the exceptionally brutal and heinous nature of the killing. Sentence was a de facto life sentence, and record does not show that court considered Defendant's youth and its attendant characteristics. Sentence violates the 8th amendment. Sentence vacated and remanded for new sentencing hearing.  (LYTTON, concurring; SCHMIDT, dissenting.)