Defendant was convicted of first-degree murder and sentenced to 46 years in prison. On direct appeal, he argued that the trial court abused its discretion by instructing the jury to keep deliberating despite a holdout juror, that the trial court erred when it did not deliver a Prim instruction sua sponte, and that his sentence was unconstitutional because he was 19 years old at the time of the offense. The appellate court affirmed, finding that the trial court’s response to the jury’s note regarding a holdout was not coercive. The appellate court further found that while giving IPI, Criminal No. 26.07 was permissible, the failure to give it was not an error under the circumstances. Finally, the appellate court found that there was not sufficient evidence to support defendant’s claim that his sentence was unconstitutional under the as-applied analysis and that the proper vehicle for a young adult to raise this issue is through a postconviction proceeding where the trial court can hold an evidentiary hearing. (McBRIDE and ELLIS, concurring)
Illinois Appellate Court
Criminal Court
Jury Deliberations