Defendant, age 18 at time of offense, was convicted, after jury trial, of 1st degree murder. Shooting death occurred during a series of arguments between 2 "street groups", and jury found that Defendant personally discharged the firearm that proximately caused the death. Court properly denied Defendant's pro se petition for leave to file successive postconviction petition alleging that his 100-year sentence is unconstitutional. Young adult offenders are not entitled to presumption that the tenets of U.S. Supreme Court case of Miller v. Alabama apply to them pursuant to proportionate penalties clause. Defendant failed to plead or prove that his specific and individual characteristics require the application of Miller. (HOFFMAN and ROCHFORD, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing