Defendant, age 16 at time of offense but 17 years old when he was arrested and questioned by police, was convicted, after jury trial, of 1st-degree murder and sentenced to 43 years. Sentencing hearing did not comply with 8th amendment. Defendant was misled when he asked if his case could be transferred to adult court and detective stated that transfer was "always a possibility", although the law requires transfer to adult criminal court of murder cases with 16-year-old defendants. Court's credibility and factual findings were not against manifest weight of evidence. Under totality of circumstances, Defendant's statement was voluntary and court properly denied his motion to suppress. Sentence is a de facto life sentence. Court did not explicitly determine that Defendant's conduct showed irretrievable depravity, permanent incorrigibility, or irreparable corruption beyond possibility of rehabilitation. Sentence vacated; remanded for resentencing. (SCHOSTOK and HUDSON, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing