People v. Young

Illinois Supreme Court
Criminal Court
Sentencing
Citation
Case Number: 
2018 IL 122598
Decision Date: 
Thursday, September 20, 2018
District: 
4th Dist.
Division/County: 
Morgan Co.
Holding: 
Appellate court affirmed in part and vacated in part; remanded with directions.
Justice: 
NEVILLE

Defendant was convicted of 1st degree murder and sentenced to 40 years, with 215 days of presentence custody credit. Defendant's claim is procedurally defaulted because it was asserted for the first time on appeal from postconviction proceedings.Normal rules of procedural default apply to claims for presentence custody credit.  Supreme Court Rule 615(b) does not authorize relief where a statutory claim for presentence custody credit is presented for the first time on appeal from dismissal fo initial or successive postconviction petition. (KARMEIER, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)