Illinois Appellate Court
Criminal Court
Sentencing
Postconviction Petitions
Three codefendants filed postconviction petitions claiming their sentences for first degree murder and attempted murder were unconstitutionally disparate to sentences of a fourth codefendant, Salgado, whose 50-year sentence was later reduced by 22 years in postconviction proceedings. As petitioners were not bound by Salgado's postconviction proceedings or resentencing proceedings, the mutuality requirement was not satisfied. Petitioners were not prejudiced, and no constitutional violation is established, as a result of State's failure to appeal order erroneously granting Salgado postconviction relief. (FITZGERALD SMITH and HOWSE, concurring.)