Illinois Appellate Court
Criminal Court
Sentencing
Defendant, who was 18 years old at the time of the offense, filed a post-conviction petition challenging his 80-year sentence for murder arguing that it was unconstitutional pursuant to Miller v. Alabama and its progeny. The trial court dismissed the petition at the first stage and defendant appealed. The appellate court affirmed, finding that defendant’s sentence was not a de facto life sentence where he was subject to day-to-day credit that would reduce the amount of time served to 40 years. (PIERCE, concurring. ODEN JOHNSON, dissenting.)