Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Defendant, age 16 at time of arrest, entered negotiated plea of guilty to 1st degree murder during course of a robbery, in exchange for sentencing cap of 50 years; he was sentenced to 35 years.Court improperly denied Defendant's motion for leave to file successive postconviction petition. Illinois Supreme Court's 2019 Buffer decision, which applies retroactively, held that a sentence greater than 40 years is a de facto life sentence. appl Defendant has shown prejudice; his guilty plea was influenced by the State's sentencing recommendation and the repeated admonishments that he could receive a natural-life sentence which is no longer a reasonable threat.(OVERSTREET and CHAPMAN, concurring.)