Illinois Appellate Court
Criminal Court
Juvenile Sentencing
(Court opinion corrected 7/2/18.) Case on remand from supervisory order of Illinois Supreme Court. Defendant, then age 15, was charge with 2st degree murder for shooting of 13-year old. Defendant was tried, convicted, and sentenced as an adult in criminal court. Defendant was convicted, after jury trial, of murder, and sentenced to 50 years. Defendant's 50-year sentence, pursuant to which he will not be eligible for release until age 65, is not a de facto life sentence and thus consideration of the "distinctive attributes of youth" was not required. Sentence does not violate 8th amendment or proportionate penalties clause. (HARRIS, concurring; MIKVA, dissenting in part.)