People v. Lusby

This case presents question as to whether trial court properly sentenced 16-year old defendant to 130-year term of incarceration on aggravated criminal assault and home invasion charges. Appellate Court, in remanding matter for new sentencing hearing for consideration of defendant’s 8^th Amendment issues, found that: (1) defendant could assert instant sentencing issue in second petition for post-conviction relief, where issue regarding proper sentencing factors applicable to juvenile offenders arose under Miller, 567 U.S. 460, which was decided after defendant’s first unsuccessful petition for post-conviction relief; (2) defendant’s 130-year sentence was de facto life sentence; and (3) sentencing court did not explicitly state that it considered defendant’s mitigating evidence contained in presentence investigation report, which prevented Appellate Court from determining whether trial court had actually considered any evidence related to Miller factors. Dissent would find that trial court actually considered defendant’s youth and its attendant circumstances when imposing instant sentence.