People v. Lusby

Defendant, age 16 at time of offenses, was convicted of 1st degree murder, aggravated criminal sexual assault, and home invasion.  Defendant's 130-year sentence is a de facto life sentence. Defendant met the cause and prejudice test. Miller decision is to be applied retroactively, and trial court did not consider Defendant's age and the attendant characteristics descried in Miller before sentencing him to de facto life. Remanded for resentencing. No malicious intent in trial court's errors, and thus Defendant's request for a new judge on remand is denied. (O'BRIEN, concurring; CARTER, dissenting.)