People v. Toney 

Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2011 IL App (1st) 090933
Decision Date: 
Monday, September 19, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
ROCHFORD
Defendant was convicted of second-degree murder after bench trial. Defendant, age 16 at time of murder, was tried and sentenced, as an adult, to 18 years imprisonment. Court was within its discretion in granting witness' request to be excused from testifying at trial, based on his invoking Fifth Amendment, as witness had been interviewed by police as to his involvement in incident. Thus, Defendant was not arbitrarily denied his Sixth Amendment right to present witnesses. Court was required to sentence Defendant as an adult per Juvenile Court Act, because he was at least 15 at time of offense and was charged with first-degree murder. Even though Defendant was convicted of second-degree murder, that offense was a lesser mitigated version of the same charged offense, and was "covered by" pertinent section of Act because it arose out of same incident as first-degree murder charge. (LAMPKIN, concurring; HALL, dissenting in part.)