People v. House

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2015 IL App (1st) 110580
Decision Date: 
Thursday, December 24, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
McBRIDE

Defendant was convicted, after jury trial, of 2 counts of first-degree murder and 2 counts of aggravated kidnapping, for his role as a lookout, on theory of accountability. Court properly dismissed Defendant's petition for postconviction relief at second stage. No newly discovered evidence which could not have been discovered with due diligence; and no showing of ineffective assistance of counsel. Mandatory natural life sentencing statute is unconstitutional as applied to Defendant. At time of offense in 1993, Defendant, at age 19 years and 2 months, was barely a legal adult and still a teenager. Young age, family background, and lack of violent criminal history are all relevant when considered along with his participation in shootings. (REYES, concurring; GORDON, concurring in part and dissenting in part.)