Defendant, who was 17 years old at the time of the offense, was found guilty of first-degree murder and was sentenced to a total of 52 years in prison, including a 25-year enhancement for personally discharging a firearm causing death. On direct appeal, the appellate court affirmed his conviction and sentence but the supreme court exercised its supervisory authority and directed the appellate court to vacate its judgment and consider whether defendant’s sentence constituted a de facto life sentence. The appellate court vacated defendant’s sentence and remanded for resentencing. The trial court re-sentenced defendant to a total of 47 years and defendant appealed, arguing that the sentence violated both the United States and Illinois constitutions because it constituted a de facto life sentence without any meaningful chance for release and that the trial court did not properly consider defendant’s youth and attendant characteristics during sentencing. The appellate court affirmed, finding that defendant is not serving a de facto life sentence without the possibility of parole and that the trial court properly weighed the relevant factors during sentencing. (MITCHELL and TAILOR, concurring)
Illinois Appellate Court
Criminal Court
Sentencing