Defendant was convicted of first-degree murder and was sentenced to 40 years in prison. Defendant subsequently filed a motion for leave to file a successive post-conviction petition, arguing that the trial court did not properly consider her youth at the time of the offense. The trial court granted leave to file successive petition, which it then denied at the second stage. Defendant appealed, arguing that post-conviction counsel was ineffective in failing to properly support her sentencing claim in the successive petition. The appellate court affirmed, finding that it could not find counsel failed to adequately present defendant’s proportionate penalties clause claim when the law on sentencing was rapidly changing. (LAMPKIN and ROCHFORD, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act