Defendant was found guilty of multiple counts of attempted first-degree murder while personally discharging a firearm and of aggravated discharge of a firearm and was sentenced to natural life in prison as a habitual criminal. Defendant filed a post-conviction petition arguing that his sentence was illegally long under the applicable statute. The circuit court summarily dismissed the petition and defendant appealed. The appellate court reversed the summary dismissal of defendant’s petition, granted his petition on the issue, vacated his natural-life sentence, and remanded for resentencing by finding that the mandatory life sentence was not applicable to the defendant because he was under the age of 21 at the time of the offense. (C.A. WALKER, concurring and GAMRATH, dissenting)
Illinois Appellate Court
Criminal Court
Sentencing