Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Reyes

Court of Appeals of Illinois, Second District

May 6, 2015

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
ZACHARY A. REYES, Defendant-Appellant

          Appeal from the Circuit Court of Kendall County. No. 09-CF-505. Honorable John A. Barsanti, Judge, Presiding.

         Thomas A. Lilien and Kathleen J. Hamill, both of State Appellate Defender's Office, of Elgin, for appellant.

         Eric C. 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.

         PRESIDING JUSTICE SCHOSTOK delivered the judgment of the court, with opinion. Justices Burke and Spence concurred in the judgment and opinion.

          OPINION

         SCHOSTOK, PRESIDING JUSTICE

Page 20

          [¶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.

Page 21

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.

         [¶2] BACKGROUND

          [¶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 (West 2008)).

          [¶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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.