People v. Wilson

Appeal from a second-stage dismissal of defendant’s post-conviction petition challenging his first-degree murder conviction and 65-year sentence. In his petition, defendant argued actual innocence and that his sentence was a de facto life sentence that violated the proportionate penalties clause because he was 19 years old at the time of the offense. The appellate court reversed, finding defendant’s petition and supporting documentation made a substantial showing of constitutional violations requiring a third-state evidentiary hearing. The appellate court reversed and remanded, instructing the trial court to first hold a hearing on the question of defendant’s actual evidence and then, if necessary, an evidentiary hearing on the youth-based proportionate penalties claim. (ODEN JOHNSON and PIERCE, concurring)