Petitioner pled guilty to one count of first degree murder and was sentenced to 40 years in prison. Sixteen years later she filed a petition for a reduced sentence. The trial court denied the petition by finding that petitioner was not entitled to relief under the statute. The appellate court reversed by finding that petitioner was not properly given the opportunity to respond to the State’s motion to dismiss her petition. The Supreme Court reversed the appellate court and affirmed the trial court, explaining that any error was harmless as a matter of law because petitioner was not entitled to relief under the statute where she was sentenced pursuant to a fully negotiated plea deal. (THEIS, OVERSTREET, HOLDER WHITE, and ROCHFORD, concurring. NEVILLE, dissenting. O’BRIEN took no part.)
Illinois Supreme Court
Criminal Court
Sentencing