People v. Fort

Illinois Supreme Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2017 IL 118966
Decision Date: 
Friday, February 17, 2017
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; circuit court reversed; remanded with directions.
Justice: 
BURKE

A minor who is tried in adult court under "automatic transfer" provision of Juvenile Court Act but is later not convicted of charges which brought him into adult court is not subject to mandatory adult sentencing under the Act. Defendant, then age 16, was charged with multiple counts of 1st degree murder and tried in adult court, but was convicted only of uncharged offense of 2nd degree murder. Court erred in automatically sentencing Defendant as an adult because 2nd degree murder was not a "charge arising out of same incident" as the 1st degree murder charges. (FREEMAN, GARMAN, and THEIS, concurring; KARMEIER, THOMAS, and KILBRIDE, dissenting.)