People v. Pacheco

This case presents question as to whether automatic transfer provision of Juvenile Court Act, 705 ILCS section 405/5-130(1)(A), is constitutional, where defendant, who received 30-year sentence, was prosecuted as adult on first degree murder charge under circumstances, where defendant was 16 years old at time of charged offense. Appellate Court rejected defendant’s claims that automatic transfer provision violated due process clause because it prevented trial court from making individualized assessment of defendant’s capacity to commit charged offense, and that said provision violated 8th Amendment’s prohibition against cruel and unusual punishment, as well as proportionate penalties clause of Ill. Constitution. (Dissent filed.)