Defendant appealed from the sentence he received after pleading guilty to first-degree murder and aggravated battery with a firearm. Defendant, who was under 16 years of age on the date of the offenses, was charged as an adult in criminal court. On appeal, he alleged that he was denied the effective assistance of counsel when his counsel failed to seek to transfer to juvenile court for sentencing. The appellate court vacated defendant’s sentence and remanded for proceedings under the Juvenile Court Act, finding that defendant’s claim was not waived by his guilty plea and that he need not show prejudice beyond that the trial court was precluded from exercising its discretion as to whether he was sentenced in criminal or juvenile court. (HUTCHINSON and BRENNAN, concurring)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing