Defendant, age 17 at time of offense, made negotiated plea of guilty to 3 counts of 1st degree murder and 1 count of attempted 1st degree murder, and was sentenced to a 35-year term for murder, to be served at 100%, and to run concurrently with a 30-year sentence for attempted murder. Defendant filed pro se postconviction petition alleging that trial counsel was arguably ineffective and his plea was involuntary because court misapprehended correct sentencing range. Defendant's initial claim that he was substantially denied due process and equal protection, fair sentencing, and cruel and unusual punishment where Miller v. Alabama requirements, as to his youth, were not considered before accepting his plea, was sufficient to state an arguable claim that hi8s plea was secured by the threat of a de facto life sentence, and stated the gist of a constitutional claim. Defendant's plea was influenced by court's admonishment of a de facto life sentence without first complying with youth-related requirements stated in Miller v. Alabama. (PIERCE and COGHLAN, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing