Defendant was found guilty of first-degree murder, home invasion, armed robbery, residential burglary, and aggravated battery with a firearm. After appellate proceedings, the case was remanded for re-sentencing and defendant was re-sentenced to a total of 46 years in prison. Defendant appealed from that sentence, arguing that it constituted a de facto life sentence as it was applied to him and that it was unconstitutional because the trial court did not find he was “permanently incorrigible.” The appellate court affirmed, finding that the sentence was not an abuse of discretion and did not violate the defendant’s constitutional rights where the record supported the trial court’s consideration of the defendant’s youth and its attendant characteristics at the time of sentencing. (BOIE and MOORE, concurring)
Illinois Appellate Court
Criminal Court
Sentencing