Defendant was convicted, after jury trial, of murder and 2 attempted murders committed in 1985, when Defendant was age 17. Defendant was sentenced to serve consecutively terms of 40 years for murder and 30 years for each attempted murder, for total 100 years. Court failed to consider special circumstances of youth that often make lengthy sentences inappropriate for young offenders, and treated Defendant's evidence of rehabilitative potential as grounds to extend his sentence due to his treacherous nature. Defendant showed a reasonable probability that he would have received a shorter if trial court had correctly understood 8th amendment as applied to punishment of juveniles, and has sufficiently showed cause and prejudice. Thus court should have granted Defendant's request for leave to file 2nd successive postconviction petition.(SIMON and HYMAN, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing