People v. Lusby

Illinois Supreme Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2020 IL 124046
Decision Date: 
Thursday, October 22, 2020
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
THEIS

(Rehearing denied; dissent added 2/26/21.) Defendant, age 16 at time of offenses, was convicted of 1st degree murder, aggravated criminal sexual assault, and home invasion and sentenced to 130 years. No evidence that peer pressure led Defendant to commit murder, or regarding his incompetence. Court stated that it took into account all statutory factors in aggravation and mitigation in sentencing. Defendant had opportunity to but did not offer any mitigating evidence.  Court considered Defendant's youth and it attendant characteristics before concluding that his future should be spent in prison. The de facto discretionary life sentence is not unconstitutional. (A. BURKE, KILBRIDE, GARMAN, KARMEIER, and M. BURKE, concurring; NEVILLE, dissenting.)