People v. Barry

Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Citation
Case Number: 
2023 IL App (2d) 220324
Decision Date: 
Tuesday, August 29, 2023
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Defendant appealed from the circuit court order dismissing his post-conviction petition for relief in which he argued that section 5-4.5-115(b) of the Unified Code of Corrections violated equal protection because it “arbitrarily” limited the opportunity for parole for individuals sentenced after a certain date. The appellate court affirmed, finding that the Post-Conviction Hearing Act did not recognize defendant’s claim as a basis for relief and that, even if it did, section 5-4.5-115(b) did not violate equal protection. (HUTCHINSON and JORGENSEN, concurring)