People v. Benford

Defendant, age 21 at time of incident, was convicted, after jury trial, of 1st degree murder. Prior to trial,  a licensed clinical psychologist determined that he was "of mildly retarded intellectual functioning. He was sentenced to 40 years. As Defendant did not receive a life sentence, either natural or de facto, he cannot establish the prejudice requirement necessary to excuse his failure to raise the claim that his sentence was unconstitutional at an earlier proceeding. Court properly denied leave to file a successive postconviction petition. (DELORT and ROCHFORD, concurring.)