Defendant, who was a minor at the time of the offense, was found guilty of first-degree murder and was sentenced to 48 years’ imprisonment, but was later re-sentenced to 40 years’ imprisonment. Defendant appealed the sentence arguing the truth-in-sentencing statute is unconstitutional as applied because it requires him to serve the entirety of his sentence without the possibility of parole and that the trial court abused its discretion in sentencing him to 40 years’ imprisonment in light of his expression of remorse and rehabilitative potential. The appellate court affirmed finding the truth-in-sentencing statute did not violate the proportionate penalties clause of the Illinois constitution and that the trial court properly took mitigating factors into account in sentencing the defendant. (JORGENSEN and BRENNAN, concurring)
Illinois Appellate Court
Criminal Court
Sentencing