Defendant, age 17 at time of offenses, was convicted, after jury trial, of murder and attempted murder and sentenced to 50 years for murder and 30 years for attempted murder, to be served concurrently, to run consecutively with a separate 30-year sentence imposed for Defendant's prior and unrelated 1994 murder conviction. It was improper for court to consider day-for-day credit in determining whether Defendant's 50-year sentence constitutes de facto life. Court made no finding that Defendant's conduct showed irretrievable depravity, permanent incorrigibility, or irreparable corruption beyond rehabilitation. Court ultimately found Defendant was not deserving of life imprisonment or de facto life. Sentence is unconstitutional under 8th amendment as applied to Defendant. Sentence vacated and remanded for new sentencing hearing. (LAVIN and PUCINSKI, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing