People v. Morris
2017 IL App (1st) 141117
Ill. App. Ct.2017Background
- In 2010, 16-year-old Pharoah Morris shot and killed DeAntonio Goss and wounded Corey Thompson; he was tried and convicted of first-degree murder, attempted murder, and aggravated battery with a firearm.
- Ballistics linked a prior shooting victim (Marvin Floyd) to the firearm used in the Goss killing; while incarcerated Morris solicited an inmate/undercover officer to "take care of" witnesses.
- At sentencing the court acknowledged Morris’s troubled upbringing, mental-health history (bipolar diagnosis), early substance abuse, and suicide attempts, but characterized youth as of limited mitigating weight and emphasized prior conduct.
- Statutory mandatory terms and firearm enhancements produced a 100-year aggregate sentence (55 + 45 consecutive); Morris will serve essentially a de facto life term.
- Morris appealed, arguing the sentence violated Eighth Amendment/Miller principles, that automatic transfer and mandatory firearm enhancements are unconstitutional as applied, and that he is entitled to resentencing under newly enacted 730 ILCS 5/5-4.5-105.
- The appellate court vacated the sentence and remanded for resentencing under section 5-4.5-105, holding the trial court failed to meaningfully consider youth-related mitigators before imposing a de facto life term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 100-year aggregate sentence is a de facto life term violating Miller/Montgomery | State argued sentence was lawful under existing statutes and enhancements | Morris argued aggregate term is the functional equivalent of life without parole and court failed to consider youth features | Vacated sentence; 100-year term is de facto life and court did not meaningfully consider juvenile characteristics, remand for resentencing |
| Applicability of new juvenile-sentencing statute (730 ILCS 5/5-4.5-105) at resentencing | State argued statute is prospective and should not apply retroactively | Morris argued resentencing should follow 5-4.5-105 and permit discretion to decline firearm enhancements | Court followed People v. Reyes and ordered resentencing under 5-4.5-105, allowing discretion on firearm enhancements |
| Constitutionality of mandatory firearm enhancements and consecutive-term scheme as applied to juvenile | State contended enhancements were statutory and constitutional | Morris argued enhancements compounded to produce unconstitutional de facto life sentence because youth not considered | Court did not rule on merits because resentencing under 5-4.5-105 may eliminate or limit enhancements; issue deferred to resentencing |
| Constitutionality of automatic transfer of 15- and 16-year-olds to adult court (705 ILCS 405/5-130(1)) | State relied on binding precedent upholding automatic transfer | Morris claimed automatic transfer violated Eighth Amendment, proportionate penalties, and due process | Court rejected challenge, declined to depart from Illinois Supreme Court precedent in People v. Patterson; automatic transfer upheld |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (juvenile life-without-parole sentencing requires consideration of youth)
- Montgomery v. Louisiana, 577 U.S. _ (2016) (Miller announced substantive rule; juveniles must get opportunity to show capacity for change)
- Graham v. Florida, 560 U.S. 48 (2010) (life without parole for nonhomicide juvenile offenders unconstitutional)
- People v. Reyes, 2016 IL 119271 (Ill. 2016) (Miller applies to de facto life term-of-years; resentencing under 5-4.5-105 permitted)
- People v. Patterson, 2014 IL 115102 (Ill. 2014) (upholding Illinois automatic transfer statute against Eighth Amendment and due process challenges)