People v. Vega

Defendant, age 18 at time of offense, was convicted of 2 counts of attempted 1st degree murder. As Defendant did not raise his constitutional claims in trial court, there was no evidentiary hearing and court made no findings of fact to determine whether 8th amendment protection for juveniles apply to Defendant's circumstances. As record is insufficient to address either as-applied challenge, claims under proportionate penalties clause and 8th amendment are premature, and are more appropriately raised in postconviction petition. Court considered mitigating circumstances and seriousness of crime, and sentence is not abuse of discretion. (HOFFMAN and CONNORS, concurring.)