Illinois Appellate Court
Criminal Court
Sentencing
Defendant appealed from the order of the circuit court dismissing his post-conviction petition at the first stage, arguing that he stated the gist of a constitutional argument where he alleged he was sentenced pursuant to a statute that was found to be unconstitutional. The appellate court affirmed, however, finding that in imposing the sentence the circuit court executed a mandate of the supreme court and was, as a result, free from error. (CAVANAGH and LANNERD, concurring)