In 1983, Defendant, then 1 month over the age of 20, was convicted of murder and home invasion, after stabbing his sister-in-law more than 116 times. Court sentenced Defendant to a discretionary term of life imprisonment for murder, to be served concurrently with an extended-term 60-year sentence for home invasion. Defendant has not established cause for failing to raise his proportionate penalties claim, that court failed to consider his youth and its attendant circumstances as factors in mitigation, in his initial postconviction petition. Defendant did not show prejudice. As his sentence was discretionary, court could tailor the sentence according to the relevant factors and was unconstrained by statute to impose a longer sentence than it might have wanted. (HUTCHINSON and HUDSON, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing