People v. Everett

Defendant appealed circuit court denial of leave to file a second post-conviction petition. Defendant argued on appeal that his petition sufficiently presented a claim that his 51-year sentence violated the proportionate penalties clause as applied to him where he was 23 years old at the time of the offense. The appellate court affirmed, finding the trial court gave sufficient consideration to defendant’s capacity for rehabilitation and mitigating factors in imposing the sentence and did not err when it denied his motion for leave to file a successive post-conviction petition. (PIERCE and ODEN JOHNSON, concurring)