Defendant, who was 21 years old at the time of the offense, was convicted of first-degree murder, aggravated kidnapping, armed robbery, and attempted armed robbery and was sentenced to concurrent prison terms of 40 years for first-degree murder and 10 years each for the other offenses. Defendant appealed the trial court’s denial of his motion for leave to file a successive post-conviction petition and argued on appeal that his sentence violated the Eighth Amendment and proportionate penalties clause. The appellate court affirmed, noting that under current Illinois Supreme Court precedent a 40-year sentence is not a de facto life sentence and, as a result, defendant could not satisfy the cause prong of the cause-and-prejudice test for bringing a successive post-conviction petition. The appellate court further found that plaintiff failed to demonstrate that he was entitled to juvenile sentencing protections when he was 21 years old at the time of the offense. (GORDON and ELLIS, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Sentencing