Illinois Appellate Court
Criminal Court
Postconviction Petitions
Defendant, age 19 at time of offense, was convicted, after jury trial, of 1st degree murder, and was sentenced to 50 years without the possibility of parole. Court erred in denying Defendant leave to file a successive postconviction petition. Defendant established prejudice under Illinois's proportionate penalties clause. Under Illinois law, a person between ages 18 and 21 may still be legally considered a minor. Record contains no evidence about the evolving science of juvenile maturity as to offenders under age 21 and its impact on Defendant's case, and contains only basic information from presentence report. Remanded to permit Defendant to present additional pertinent facts. (REYES and BURKE, concurring.)