Defendant was found guilty of home invasion and criminal sexual assault and was given a life sentence because he was eligible to be sentenced as a habitual criminal. Defendant’s convictions and sentence were affirmed on direct appeal and his initial post-conviction petition was denied. He was granted leave to file a successive post-conviction petition that was denied after it advanced to the second stage. Defendant appealed from that denial arguing that his sentence was improper due to an amendment to the habitual criminal statute and that he presented sufficient evidence to warrant a hearing on his claim of actual innocence. The appellate court affirmed, finding that the defendant was not entitled to retroactive application of the amendment to the statute and that he failed to present the type of evidence that could plausibly support a claim of actual innocence. (HARRIS and VANCIL, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act