People v. Guerrero

Illinois Supreme Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2012 IL 112020
Decision Date: 
Friday, February 17, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
KARMEIER
Defendant, at age 16 1/2, pled guilty to first degree murder, and was sentenced to 50 years but was not admonished that term would be followed by 3 years MSR. Lack of precedent, at time of filing first postconviction petition, is not "cause" for failure to raise issue, and thus Defendant had not been "impeded" from raising postconviction claim about failure to admonish as to MSR, even though Whitfield ruling was subsequent to Defendant's initial petition, as claim was not new or novel. (KILBRIDE, FREEMAN, THOMAS, GARMAN, BURKE, and THEIS, concurring.)