The circuit court granted defendant a new sentencing hearing after holding a hearing under the Post-Conviction Hearing Act. The State appealed, arguing that the circuit court failed to hold defendant to his burden of proving a substantial constitutional violation under the proportionate penalties clause. The appellate court affirmed, finding that the circuit court properly recognized its role as factfinder and its responsibility to make credibility determinations and exercised that role in weighing the evidence. The appellate court also held that the circuit court did not err when it granted a new sentencing hearing based on defendant’s substantial showing that, at the time of the offense, he was developmentally more like a juvenile than an adult, and that his youth and its attendant circumstances were not properly considered before the trial court imposed a 105-year sentence. (McLAREN and MULLEN, concurring)
Illinois Appellate Court
Criminal Court
Sentencing