Defendant, who was 16 years old at the time of the offenses, was convicted of first-degree murder and two counts of attempted murder with a firearm and was sentenced to a mandatory minimum of 97 years in prison. The Supreme Court found the sentence unconstitutional and remanded for re-sentencing where defendant was sentenced to 66 years in prison. Defendant appealed again and the appellate court remanded for re-sentencing. The trial court imposed the same sentence of 66 years and defendant appealed, arguing that the trial court ignored the appellate court mandate as well as state and federal law when it imposed a de facto life sentence without finding that he was permanently incorrigible. The appellate court vacated and remanded, finding that the trial court improperly considered the factors of aggravation and mitigation in sentencing. The appellate court also noted that the trial court ignored the “blackletter law” that it must obey a mandate issued by the reviewing court and directed that the case be assigned to a new judge for resentencing on remand. (McLAREN, concurring and BIRKETT, concurring in part and dissenting in part)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing