People v. Price

Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2018 IL App (1st) 161202
Decision Date: 
Monday, December 24, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Reversed and remanded with directions.
Justice: 
MIKVA

Amendment increasing the minimum age for automatic transfer to criminal court from 15 to 16 years of age is procedural, and applies retroactively to "ongoing proceedings" in pending cases.  That amendment applies where Defendant's criminal trial had concluded and guilty verdict was entered, but Defendant had not yet been sentenced as an adult. Defense counsel was ineffective for failing to argue its retroactive application. Remanded, with directions to vacate sentence and to give State 10 days from date sentence is vacated to, if State so chooses, file a petition requesting a discretionary transfer hearing before the judge who tried the case. (GRIFFIN and WALKER, concurring.)