Defendant appealed his sentence to two concurrent terms of mandatory life imprisonment, arguing on direct appeal that his life sentences were unconstitutional because their mandatory nature did not allow the trial court to consider that he was 19 years old at the time of the offense. The appellate court found that the record was insufficient and instructed the defendant to develop the record in post-conviction proceedings. Defendant pursued a post-conviction petition, which was summarily dismissed by the trial court. The appellate court observed that the law on the level of corroboration needed to establish that Miller v. Alabama applies to a young adult “is in disarray.” Despite this, the appellate court concluded it could not determine that defendant had failed to present an arguable claim and reversed and remanded for further post-conviction proceedings. (PUCINSKI, concurring and LAVIN, dissenting)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act