Lewis

Marcellous Lewis (Lewis), a juvenile at the time of his offenses but tried as an adult, appeals from a judgment of conviction and sentence after a jury found him guilty of the sexual penetration and rape of one victim, the rape of a second victim, and the murder of a third victim. Lewis contends (1) the court should have granted his motion to sever the rape and other sexual assault charges from the murder charge; (2) the court did not adequately investigate possible juror bias; (3) the prosecutor committed misconduct in his discussion of provocation during closing argument; (4) the sexual penetration and rape of one of the victims were not separate acts, and the court therefore should not have imposed consecutive terms for the corresponding offenses; and (5) his sentence of 115 years to life violates his constitutional right against cruel and unusual punishment.

In the published portion of this opinion, we conclude that Lewis’s sentence is unconstitutional and the matter must be remanded for the trial court to determine a parole eligibility date within Lewis’s expected lifetime, unless it concludes that his offenses reflected such irreparable corruption that it is…