Defendant, age 15 at time of offense, was automatically transferred to adult court and was convicted, after 2005 bench trial, of 2 counts of felony murder and 1 count of unlawful possession of a firearm. A discretionary transfer hearing, which proceeds in juvenile court, is no longer feasible because juvenile court may not exercise jurisdiction over Defendant, who is now 29. Because amendment to Section 5-130(1)(a) of Juvenile Act, raising age of automatic transfer from 15 to 16, did not become effective until after Defendant's trial concluded, amendment does not apply retroactively to Defendant. As Defendant was sentenced to 65 years, a de facto life sentence, remanded for court to consider required factors of Defendant's youth, immaturity, and potential for rehabilitation. (McDADE and O'BRIEN, concurring.)
Illinois Appellate Court
Criminal Court
Felony Murder