Defendant, who was 19 years old at the time of the offenses, was found guilty of first-degree murder and attempted first-degree murder. Defendant appealed after his post-conviction petition was dismissed by the State’s motion. The appellate court reversed in part and remanded for an evidentiary hearing, finding that defendant’s claim that his de facto life sentence violated his constitutional rights was not barred by res judicata or forfeiture where it could not have been raised on direct appeal, that he adequately pleaded that the delay in filing his petition was not attributable to culpable negligence, and that he made a legally sufficient showing that his sentence violated the proportionality and restoration clauses. (LYLE, concurring and NAVARRO, dissenting)
Illinois Appellate Court
Criminal Court
Sentencing