Defendant, age 18 at time of offenses, was convicted of 1st degree murder and attempted murder and was sentenced to aggregate minimum sentence of 66 years. Defendant's motion for leave to file successive postconviction petition sufficiently alleged that Defendant could establish the existence of facts personal to him that warranted consideration fo the Miller v. Alabama factors in fashioning an appropriate sentence and that the failure to do so made his 66-year sentence unconstitutional as applied to him under the proportionate penalties clause. Defendant's motion contained sufficient specificity to require that the matter be advanced to 2nd stage, when he will have opportunity to substantiate his claim further. (ROCHFORD and MARTIN, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing