Illinois Appellate Court
Criminal Court
Juvenile Sentencing
After bench trial, 16-year-old Defendant, tried as an adult, was convicted of 1st degree murder and 2 counts of attempted murder, and was sentenced to 71 years. Record lacks affirmative proof that court erroneously shifted burden of proof to Defendant. Court thoroughly considered and tested Defendant’s theories, including argument that lack of DNA evidence exonerated him. Court was limited by sentencing scheme and thus did not expressly consider Miller factors which are required when sentencing a juvenile to a mandatory, unsurvivable prison term. Sentence violated 8th amendment. Remanded for resentencing. (LAMPKIN and ROCHFORD, concurring.)