People v. Hoy

¶ 1 Defendant, Delamonte Hoy, appeals his conviction, after a bench trial, of first degree murder and his sentence of 52 years' imprisonment. On appeal, defendant contends that (1) the trial court should have found him guilty of second degree murder instead of first degree murder, where the evidence showed that defendant had an actual but unreasonable fear of imminent harm, and (2) his sentence of 52 years' imprisonment, which includes a mandatory 25-year firearms enhancement, should be vacated and the case remanded for resentencing because defendant was 16 years old when he committed the…