In 1989, Defendant entered open plea of guilty to intentional murder and residential burglary; court entered sentences of natural life and 15 years, to be served concurrently. In 2011, Defendant filed pro se petition for relief from judgment pursuant to Section 2-1401 of Code of Civil Procedure. Illinois Supreme Court's 2015 People v. Castleberry decision applies retroactively to Defendant's case, and thus Defendant can no longer challenge his sentence as void. Although Defendant's natural life sentence was not authorized by statute at the time imposed, under the Castleberry decision, only the most fundamental defects, such as lack of personal or subject-matter jurisdiction, render a judgment void, and Defendant's sentence cannot now be corrected. (FITZGERALD SMITH and COBBS, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing