People v. Bell

(Court opinion corrected 6/3/13.) Defendant was convicted of first degree murder and sentenced to life imprisonment in 1995. Court properly denied his motion for leave to file fifth successive postconviction petition. Defendant argued that his sentence is void because record does not show that grand jury was impaneled and sworn. Indictment appears valid on its face, as returned in open court, signed by foreman of grand jury as a true bill, and signed by trial judge and two assistant state's attorneys. Defendant failed to request that grand jury proceedings be transcribed or that they be included in record on appeal. Court will not presume that grand jury was without authority to act when it returned indictment. (WRIGHT and McDADE, concurring.)