Defendant, age 16 at time of offenses, was convicted, after jury trial, of 1st-degree murder and 2 counts of attempted murder with a firearm and sentenced to 97 years. Supreme court found sentence was unconstitutional, and upon remand court sentenced Defendant to 66 years. Despite noting the Defendant's age, trial court never commented on Defendant's immaturity, impetuosity, or ability to understand risks and consequences, and did not mention the finding in the PSI report that Defendant was at a medium risk to reoffend, or that Defendant had earned several certificates in prison and had expressed remorse in his written statement. Although court imposed a de facto life sentence, record does not show that court determined that Defendant was beyond rehabilitation. Sentence did not comply with Supreme Court decisions in Miller and Holman. Sentence vacated, and remanded for resentencing. (McLAREN and BRIDGES, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing