from the Circuit Court of Kendall County. No. 09-CF-505.
Honorable John A. Barsanti, Judge, Presiding.
A. Lilien and Kathleen J. Hamill, both of State Appellate
Defender's Office, of Elgin, for appellant.
Weis, State's Attorney, of Yorkville (Lawrence M. Bauer
and Aline Dias, both of State's Attorneys Appellate
Prosecutor's Office, of counsel), for the People.
JUSTICE SCHOSTOK delivered the judgment of the court, with
opinion. Justices Burke and Spence concurred in the judgment
[¶1] Following a jury trial, the juvenile
defendant, Zachary A. Reyes, was convicted of one count of
first-degree murder (720 ILCS 5/9-1(a)(1), (a)(2) (West
2008)) and two counts of attempted murder with a firearm (720
ILCS 5/8-4(a), 9-1(a)(1) (West 2008)). The defendant was
sentenced to 97 years' imprisonment. On appeal, the
defendant argues that the automatic transfer statute of the
Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS
405/5-130 (West 2008)) (also known as the excluded
jurisdiction statute), which requires that certain juveniles
be tried and sentenced as adults, is unconstitutional.
The defendant also argues that, under the holding in
Miller v. Alabama, 567 U.S., 132 S.Ct. 2455, 183
L.Ed.2d 407 (2012), the Illinois statutory sentencing scheme
is unconstitutional as applied to him. We affirm.
[¶3] On January 15, 2010, the
then-16-year-old defendant was charged by indictment with 16
counts for offenses that occurred on December 20, 2009, when
the victim, Jason Ventura, was killed. The first five counts
alleged that the defendant committed first-degree murder of
the victim by shooting him in violation of sections 9-1(a)(1)
and 9-1(a)(2) of the Criminal Code of 1961 (Criminal Code)
(720 ILCS 5/9-1(a)(1), (a)(2) (West 2008)). The indictment
also contained two counts of attempted murder with a firearm,
one committed against Eduardo Gaytan and the other against
Jorge Ruiz, in violation of section 8-4(a) of the Criminal
Code (720 ILCS 5/8-4(a) (West 2008)). The other nine counts
were either dismissed or nol-prossed prior to trial.
[¶4] On August 18, 2011, the State filed a
notice stating its intent to seek firearm add-ons of 15
years, 20 years, or 25 years to life pursuant to section
5-8-1 of the Unified Code of Corrections (730 ILCS 5/5-8-1
[¶5] A jury trial commenced on January 23,
2012. The jury ultimately found the defendant guilty of
first-degree murder and found that the defendant personally
discharged the firearm that proximately caused the
victim's death. The jury also found the defendant guilty
of the two counts of attempted first-degree murder and found
that the defendant personally discharged the firearm in both
of those attempts.
[¶6] On March 29, 2012, the defendant's
motion for a new trial was denied and the trial court held a
sentencing hearing. Following the hearing, the trial court
sentenced the defendant to 45 years' imprisonment for
first-degree murder. This sentence was the minimum 20-year
sentence (see 730 ILCS 5/5-4.5-20(a) (West 2008) (providing
range of 20 to 60 years)), plus a mandatory 25-year firearm
enhancement (730 ILCS 5/5-8-1(a)(1)(d)(iii) (West 2008)
(add-on may be 25 years to natural life)). The trial court
also sentenced the defendant to 26 years' imprisonment
for each attempted-murder conviction, each of which was the
minimum 6-year sentence (730 ILCS 5/5-4.5-25(a) (West 2008)
(providing range of 6 to 30 years)), plus a mandatory 20-year
firearm enhancement (730 ILCS 5/5-8-1(a)(1)(d)(ii) (West
2008)). The trial court found that the defendant's
first-degree-murder conviction required consecutive sentences
pursuant to section 5-8-4(d)(1) of the Unified Code of
Corrections (730 ILCS 5/5-8-4(d)(1) (West 2008)). The trial
court therefore ordered all the sentences to run
consecutively to each other. In ...