Illinois Appellate Court
Criminal Court
Sentencing
Defendant, age 18 and 11 days at time of offense, was convicted after jury trial of 1st degree murder and sentenced to 45 years to be served at 100% in Illinois Department of Corrections. Defendant's postconviction petition, claiming that it is a de facto life sentence that violates proportionate penalties clause as applied to him, meets the very low threshold required for filing a successive petition. Court found that Defendant was not the main "motivating" actor behind this offense, and did not find that Defendant had no potential for rehabilitation, and was potentially subject to peer pressure of gang of which he was a member since age 12. Remanded for resentencing. (REYES, concurring; MARTIN, dissenting.)