Defendant was convicted of first-degree murder and attempted robbery and sentenced to a total of 75 years for offenses that occurred when he was 20 years old. The appellate court affirmed his conviction on direct appeal and affirmed the summary dismissal of his initial pro se post-conviction petition. In this case, defendant appealed the circuit court’s denial of his motion for leave to file a first successive post-conviction petition, arguing that he made a prima facie showing that his sentence violated the proportionate penalties clause as applied to him. The appellate court reversed and remanded for a second stage hearing, finding that key parts of the record were insufficient and that remanding for the appointment of post-conviction counsel would allow for the development of a more complete record. The court also found that the petition established a prima facie showing where the available record established that the circuit court did not take defendant’s age and other factors into account during sentencing. (MIKVA, specially concurring and MITCHELL, dissenting)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act