Defendant, age 19 at time of offense, was convicted, after jury trial, of armed robbery and 1st degree murder and sentenced to consecutive terms of 28 and 43 years. Defendant and 2 codefendants planned to steal guns from the home of Defendant's father. While committing the robbery, one codefendant shot and killed Defendant's stepmother. Defendant claims an as-applied challenge under U.S. Supreme Court's 2012 decision in Miller v. Alabama, contending that his 71-year sentence violates 8th amendment of the U.S. Constitution and proportionate penalties clause of Illinois Constitution. In his pro se petition for leave to file postconviction petition, Defendant alleged that he was found guilty under theory of accountability and had been diagnosed with an antisocial personality disorder that exhibited symptoms similar to characteristics of juveniles, and referenced juvenile studies cited in 2015 People v. House decision. Defendant pled enough facts to warrant further proceedings on his claim that tenets of Miller decision apply to him. No evidence in record indicates that court considered Defendant's youth and its attendant characteristics. (CARTER and WRIGHT, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing