Defendant, age 16 at time of offense, was convicted, after jury trial, of 1st-degree murder and sentenced to 100 years. Court abused its discretion by disregarding evidence of Defendant's extensive rehabilitation and improperly considering certain sentencing factors during resentencing hearing. Court made no finding of irretrievable depravity, permanent incorrigibility, or irreparable corruption beyond possibility of rehabilitation. A peer specifically instructed Defendant to shoot the victim. Court improperly stated that peer pressure was an "irrelevant factor", and used it as an aggravating factor. Peer pressure is clearly identified as a mitigating factor in sentencing statute for juveniles.Defendant's sentence reduced to 25 years with 3 years of mandatory supervised release. (MIKVA and GRIFFIN, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing