People v. Ivy, 2023 IL App (4th) 220646-U

In April 2021 Dimetrious Ivy Jr. was indicted for attempted first‑degree murder (shooting Keishawn Crowder), aggravated battery, and unlawful possession of a weapon by a felon; he stipulated to prior felony status.
At trial (March 2022) a jury convicted Ivy of attempt (first‑degree murder), aggravated battery, and unlawful possession by a felon.
The factual basis: Ivy shot at Crowder 25 times; he personally discharged a firearm during the offense.
Ivy’s PSI showed multiple juvenile adjudications and three prior felony convictions (including unlawful possession of a stolen motor vehicle, unlawful possession of a controlled substance, and possession of a firearm without a FOID).
The court sentenced Ivy to 42 years for attempt (first‑degree murder) and 10 years for unlawful possession by a felon, to run consecutively (aggregate 52 years); the court found poor prospects for rehabilitation and concluded consecutive terms were needed to protect the public.
Ivy appealed arguing (1) an as‑applied Second Amendment challenge to his felon‑possession conviction under Bruen, (2) the trial court abused its discretion by imposing consecutive sentences, and (3) the aggregate 52‑year sentence was excessive.

Issue	Plaintiff's Argument	Defendant's Argument	Held
As‑applied Second Amendment challenge to unlawful‑possession‑by‑felon conviction	Forfeited because defendant raised the claim for first time on appeal and record is not developed	Bruen requires inquiry into historical tradition; record (PSI) is sufficient to review as‑applied challenge	Forfeited: record insufficiently developed for an as‑applied Bruen review; claim premature
Consecutive sentences (necessity to protect the public)	Consecutive term was proper; trial court articulated basis; issue preserved by postsentencing motion’s specificity	Consecutive sentences were unnecessary; defendant’s nonviolent history, mental‑health issues, and lack of gang ties weigh for concurrency	Preserved and affirmed: trial court did not abuse discretion; record supports finding consecutive sentences necessary to protect the public
Aggregate 52‑year sentence excessive	Trial court failed to give adequate weight to youth, lack of violent priors, conduct disorder, depression; 52 years is effectively de facto life	Sentence falls within statutory ranges (26–50 for attempt with 20‑year firearm enhancement; 3–14 for felon possession), court considered PSI and mitigation, defendant’s conduct was severe	Affirmed: sentence within statutory limits, not disproportionate, trial court considered mitigating evidence and did not abuse discretion

New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (U.S. 2022) (framework for evaluating as‑applied Second Amendment challenges)
Miller v. Alabama, 567 U.S. 460 (U.S. 2012) (juvenile sentencing principles referenced in related precedent)
People v. Holman, 2017 IL 120655 (Ill. 2017) (rule that as‑applied constitutional claims generally must be raised below to create a developed record)
People v. Harris, 2018 IL 121932 (Ill. 2018) (as‑applied challenge requires developed record; appellate courts may decline premature review)
People v. Thompson, 2015 IL 118151 (Ill. 2015) (defendant must present as‑applied challenge to trial court to preserve record)
People v. Davis, 2014 IL 115595 (Ill. 2014) (narrow exceptions to preservation rules discussed)
People v. House, 2021 IL 125124 (Ill. 2021) (appellate courts should not resolve as‑applied claims lacking evidentiary record)
People v. Buckner, 2013 IL App (2d) 130083 (Ill. App. Ct. 2013) (trial court must state basis for consecutive sentences; review for abuse of discretion)
People v. O’Neal, 125 Ill. 2d 291 (Ill. 1988) (consecutive sentences and weighing of mitigating factors)
People v. Parker, 2019 IL App (3d) 160455 (Ill. App. Ct. 2019) (standard for assessing whether consecutive sentences are arbitrary)
People v. McGuire, 2017 IL App (4th) 150695 (Ill. App. Ct. 2017) (deference to trial court sentencing within statutory limits)