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Court Upholds 40-year Sentence for Convicted Minor

Posted by Daniel Herbert DUI/Criminal Defense
Court Upholds 40-year Sentence for Convicted Minor

Defendant, age 15 at time of offense, was convicted, after 2004 bench trial, of 1st degree murder of his cousin, in front of her infant daughter, and sentenced to 40 years. Court properly denied defendant’s 2015 motion for leave to file a successive post conviction petition. Defendant could not raise a claim under the 2012 Miller decision, until Illinois Supreme Court held in Davis decision that Miller applies retroactively to cases on collateral review. Davis decision preceded defendant’s 2015 motion to file successive petition. Whether defendant’s sentence is a de facto life sentence is in dispute. Court sufficiently addressed Holman factors in his sentencing hearing.

1st Dist. People v. Johnson, 2018 IL App (1st) 153266 (4/18/18) Cook Co., 3rd Div. Affirmed.

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