People v. Garcia

Defendant appealed the summary dismissal of his post-conviction petition arguing that his 62-year prison sentence for first-degree murder was an unconstitutional de facto life sentence because he was 18 years old at the time of the offense. The trial court reversed and remanded, finding that the defendant made a sufficient showing that, based on evolving neuroscience, societal standards, and defendant’s youthful characteristics, he was developmentally equivalent to a juvenile at the time of the offense and remanded for further proceedings under the post-conviction heart act. (McLAREN and SCHOSTOK, concurring)