Defendant, age 18 years 3 months at time of offense, was convicted, after bench trial, of 1st degree murder. Presentence investigation report (PSI) Defendant reported that he had taken medications fo ADHD, oppositional defiant disorder, ADD, depression, and mood swings, attempted suicide 6 times, and that he was abused by his stepfather at age 12; and that he received inpatient and outpatient treatment for substance abuse but returned to his regular drug usage after released from juvenile custody.Defendant did not raise any as-applied constitutional challenge or offer any evidence at sentencing. Record does not contain evidence or findings from trial court as to how the evolving science on juvenile maturity and brain development applied to Defendant's facts and circumstances. Court did not abuse its discretion in sentencing Defendant to aggregate term of 55 years. (WELCH, concurring; WHARTON, dissenting.)
Illinois Appellate Court
Criminal Court
Sentencing