Defendant, age 15 at time of offense, was tried as an adult and convicted, after jury trial, of 1st degree murder in gang-related drive-by shooting of 18-year-old victim. Jury found that Defendant personally discharged the firearm that caused victim's death. Defendant was sentenced to 45 years, which was to run consecutively to a prior sentence of 20 years in an unrelated case for attempted 1st degree murder, when he was 19. Sentence, which is a de facto life sentence, is vacated, as it was a result of mandatory sentencing laws. Remanded for resentencing under new sentencing scheme. No ineffective assistance of counsel, as decision whether to call an alibi witness at trial was a reasonable strategy, to keep evidence of Defendant's gang affiliation from the jury.(McBRIDE, specially concurring; BURKE, dissenting.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions