People v. Jones

Illinois Supreme Court PLAs
Criminal Court
Sentencing
Citation
PLA issue Date: 
November 18, 2020
Docket Number: 
No. 126432
District: 
3rd Dist. (Rule 23 Order)

This case presents question as to whether trial court properly denied defendant’s request to file successive post-conviction petition that challenged his 50-year sentence for murder that was imposed under circumstances where defendant, who was 16 years old at time of charged offenses, entered into negotiated plea agreement that called for said sentence, as well as concurrent sentences of 15 years for residential burglary and 30 years for armed robbery. While defendant alleged that his trial counsel was ineffective because his 50-year sentence violated his due process rights under Miller, Appellate Court found that while mandatory life sentence for juvenile offenders violates Eight Amendment under Miller, holding in Miller does not apply in instant case, where defendant’s sentence resulted from fully negotiated plea. As such, defendant had waived any constitutional challenge to his sentence.