Defendant, age 17 at time of offense, was convicted in 198, after jury trial of felony murder, of cab driver during armed robbery; and sentenced to natural life imprisonment without possibility of parole. As Defendant is not under sentence of death and did not petition for writ of certiorari, postconviction petition is untimely if filed more than y6 months after conclusion of proceedings, unless he alleges facts showing that delay was not due to his culpable negligence. Argument was available to Defendant as early as 2005, in U.S. Supreme Court's Roper decision. There is no reasonable possibility that court, at sentencing hearing, was unaware of or failed to consider that Defendant was 17 with a grossly unstable living environment when he committed murder. Court imposed a discretionary sentence after full sentencing hearing. Defendant failed to make substantial showing of constitutional violation at hearing on motion to dismiss his postconviction petition. Sentence does not violate proportionate penalties clause. (LYTTON and WRIGHT, concurring.)
Illinois Appellate Court
Criminal Court
Juvenile Sentencing