Defendant, age 17 at time of offense, was convicted, after jury trial, of murdering his uncle, and was sentenced to 30 years plus a 25-year weapons enhancement. Reversed and remanded for assignment to a different judge due to cumulative effect of court's errors and ineffective assistance of counsel. Sentence is a de facto life sentence that was based on court's erroneous finding that when Defendant joined a gang at age 16, his entire future was "set in stone", even though judge knew that Defendant had left the gang. Sentence violates proportional penalties clause of Illinois Constitution. Sentence relies on an adult sentencing scheme that is impacted by Trust in Sentencing Act, which is unconstitutional as applied to Defendant and similarly situated juvenile defendants. (WALKER, concurring; MASON, concurring in part and dissenting in part).
Illinois Appellate Court
Criminal Court
Murder