Defendant, age 15 at time of offenses, was convicted of attempted 1st degree murder, aggravated battery with a firearm, and aggravated discharge of a firearm and was sentenced to 18 years. Defendant was not denied a fair trial when court allowed 2 witnesses to testify that they believed defense counsel, not another person, was the investigator who interviewed 1 of those witnesses. Testimony was relevant to that witness' credibility and his testimony as to the shooting.Prosecutor's comments about that witness' credibility were invited by defense counsel's closing argument.The 2016 amendment to section 5-130 of the Juvenile Court Act, which raised the age of excluded jurisdiction from 15 to 16 years old, became effective after the conviction but before Defendant's sentencing. Remanded to determine whether Defendant should be sentenced as an adult, if the State files the required petition to request a hearing for adult sentencing. (MIKVA and CONNORS, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing