People v. Jones

Defendant, age 19 at time of offense, was convicted, after jury trial, of 1st degree murder (under an accountability theory), and sentenced to total 50 years. The shooter was acquitted by a separate jury. Defendant had lived in 30 to 40 different homes and attended 10 different schools. In considering factors in aggravation and mitigation, court acknowledged that Defendant's home life was "a nightmare".  The facts of the offense did not indicate irretrievable depravity. Defendant did not fire his weapon or injure anyone, while he himself was beaten, and he had a minimal prior criminal history. Sentence vacated, and reversed and remanded for a new sentencing hearing. (LAMPKIN, concurring; REYES, dissenting.)