This case presents question as to whether trial court erred in summarily dismissing defendant’s pro se petition for post-conviction relief that challenged his 40-year sentence on charges of attempted murder and aggravated battery with firearm, where defendant claimed that he was 18 years old at time of offense, and trial court was otherwise unable to consider his youth and its attendant characteristics prior to its imposition of 25-year mandatory firearm enhancement. Record showed that defendant based his claim on proportionate penalties clause of Illinois Constitution. Appellate Court, in affirming trial court, observed that there was nothing in Miller that suggested that mandatory sentence enhancements imposed on juvenile offenders violated 8th Amendment, and that because defendant’s sentence was not tantamount to de facto life sentence, procedural requirements set forth in Miller did not apply to defendant.
Illinois Supreme Court PLAs
Criminal Court
Post-Conviction Petition