Defendant, who was 17 years old at the time of the offense, appealed from the trial court denial of his motion to file a successive post-conviction petition arguing that his 35-year sentence for first-degree murder and home invasion violated the Eighth Amendment and proportionate penalties clause. The appellate court affirmed the dismissal, finding that defendant was correctly admonished regarding the sentencing range for his offenses and that defendant had not identified an “objective impediment” to raising his sentencing claims earlier, either on direct appeal or in his initial post-conviction petition. The court further found that the trial court took into consideration defendant’s youth and attendant characteristics in sentencing and, as a result, could not establish prejudice. (KNECHT and HOLDER WHITE, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Juvenile Sentencing