Defendant appealed the order of the circuit court dismissing his pro se petition for post-conviction relief. On appeal, defendant argued that the court erred when it recharacterized his petition, which was brought pursuant to section 2-1401 of the Code of Civil Procedure, as a post-conviction petition without the proper admonishments, and when it dismissed his petition despite his assertion that his 70-year sentence for a crime committed when he was a juvenile violated his constitutional rights. The appellate court affirmed finding the trial adequately admonished the defendant and that defendant was not subject to a de facto life sentence as he is eligible for day-to-day credit and could be released in 35 years. (DELORT and ROCHFORD, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act