Defendant, who was 19 years old at the time of the offense, pled guilty to first-degree murder and was sentenced to 40 years in prison. The trial court dismissed Defendant’s post-conviction petition and defendant appealed arguing that section 5-4.5-115 of the Unified Code of Corrections violates the equal protection clause of the Illinois and U.S. Constitutions because it grants parole review only to young offenders sentenced after a certain date and not to those, like defendant, who were sentenced before that time. The appellate court affirmed, holding that section 5-4.5-115 does not violate equal protection principles because there were multiple rational bases supporting the legislature’s prospective application of the statute. (McDADE and ALBRECHT, concurring)
Illinois Appellate Court
Criminal Court
Sentencing