People v. King 

Illinois Supreme Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 109581
Decision Date: 
Friday, January 21, 2011
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Appellate Court reversed.
Justice: 
KARMEIER
Defendant, age 15 at time of incident, was charged with first degree murder in beating death, and State subsequently charged him with attempted first degree murder arising out of the same incident. Defendant entered plea to attempted murder charge in exchange for dismissal of murder charges and a 15-year sentence in DOC. Offenses "covered by" section 5-130(1)(a) of the Juvenile Court Act include those "specified in" that section as well as those arising out of the same incident. Thus, the attempted first degree murder charge was "covered by" section 5-130(1)(a), regardless of subsequent dismissal of first degree murder charge, because the offense to which Defendant pled guilty arose out of the same incident. Defendant was thus properly sentenced as an adult without a hearing as to whether he should be sentenced as a juvenile. (KILBRIDE, FREEMAN, THOMAS GARMAN, BURKE, and THEIS, concurring.)