Defendant, age 17 at time of offense, was convicted, after jury trial, of attempted murder and aggravated battery with a firearm, and sentenced to 33 years, which included a 25-year mandatory firearm enhancement., Defendant presented new evidence, based on a theory of self-defense, consisting of an affidavit from a person who participated in the incident and had personal knowledge of what occurred. Affiant had not testified at trial, ad he did not provide the information in the affidavit to anyone prior to 2014. These statements are material and not merely cumulative to testimony presented at trial. Defendant sufficiently established his actual innocence claim, and thus court's denial of his request for leave to file a successive postconviction petition is reversed. Remanded for appointment of postconviction counsel and 2nd-stage proceedings. Court properly denied leave to file a successive petition as to his proportionate penalties claim. Mandatory firearm enhancement provisions do not violate the proportionate penalties clause the purpose in enacting them does not shock the conscience of the community.a(MIKVA and CUNNINGHAM, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions