People v. Gray

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (1st) 112572
Decision Date: 
April 11, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Justice: 
LAVIN
Holding: 
Affirmed.
Court properly dismissed Defendant's 2-1401 postconviction petition. Defendant was sentenced to mandatory term of life imprisonment on his conviction of murder via accountability theory, as he had previously been convicted of murder. Defendant's mandatory life sentence, even if unconstitutional, was not void but only voidable, had Defendant challenged it in a timely manner. Although a constitutional challenge to a criminal statute can generally be raised for the first time on appeal, it cannot be if the Defendant filed an untimely Section 2-1401 petition, failed to establish an exception to untimeliness, and failed to establish a claim of voidness. (EPSTEIN and PUCINSKI, concurring.)