People v. White

Illinois Supreme Court PLAs
Criminal Court
Waiver
Citation
PLA issue Date: 
September 27, 2023
Docket Number: 
No. 129767
District: 
1st Dist., 4th Div. (Rule 23 Order)

Dist. Ct. did not err in denying defendant’s petition for post-judgment relief under 735 ILCS section 2-1401 that challenged his 40-year sentence on murder charge because, according to defendant, said sentence was unconstitutional as de facto life sentence under circumstances where he was only 20 years old at time of charged offense. Record showed that defendant had pleaded guilty to said offense, and Appellate Court, in affirming trial court, held that trial court’s failure to recharacterize defendant’s petition as petition for post-conviction relief was not reviewable, and that defendant had waived instant sentencing issue, where, pursuant to terms of guilty plea, defendant had waived all constitutional errors.