This case presents question as to whether defendant’s 76-year sentence, consisting of consecutive sentences of 45 years for first degree murder and 31 years for attempt first degree murder, violated rehabilitation clause of Article 1, Section 11 of Illinois Constitution as applied to defendant who was 18 years old at time of said offenses. Appellate Court, in vacating defendant’s sentence and remanding matter for new sentencing hearing, found that instant sentence shocked moral sense of community because it sent young adult to prison for essentially remainder of his life. Dissenting Justice, though, would affirm on ground that it is legislature’s role and not court's role to determine whether convergence of consecutive sentencing and mandatory enhancement statutes that produce de facto life sentences for anyone (young or old) require that trial courts be given greater discretion in sentencing offenders.
Illinois Supreme Court PLAs
Criminal Court
Sentencing