People v. Kulpin

Defendant appealed from the second-stage dismissal of his post-conviction petition, arguing that post-conviction counsel performed unreasonably by failing to amend his pro se petition to adequately present his claim that his sentence violated the proportionate penalties clause of the Illinois Constitution. The appellate court affirmed, finding that defendant’s proportionate penalties claim failed because his sentence was consistent with precedent and the trial court did not expressly refuse to consider the defendant’s age and, as a result, could not conclude that the presumption of reasonable assistance was rebutted. (KENNEDY and BIRKETT, concurring)