In 2002 Defendant, then age 19, shot and killed his former friend after Defendant accused him of stealing a stereo system from Defendant's car. Defendant was convicted, after bench trial, of 1st degree murder and court imposed the minimum sentence of 45 years. This sentence was, under the Illinois Supreme Court's later decision in Buffer, a de facto life sentence. Sentencing judge clearly did not believe that Defendant should spend the rest of his natural life in prison. It is not clear that trial judge knew Defendant's correct age at time of offense, as twice during arguments in mitigation, defense counsel stated that he was 20 when actually he was 19 at the time. The sentence, which was imposed absent consideration of the Miller v. Alabama factors, violated the proportionate penalties clause of the Illinois Constitution. Summary dismissal of postconviction petition is reversed, and remanded for 2nd-stage proceedings. (ODEN JOHNSON, concurring; HARRIS, dissenting.)
Illinois Appellate Court
Criminal Court
Sentencing