Appeal arising out of defendant’s successive post-conviction petition in which he argued that his 80-year sentence for first-degree murder, aggravated kidnapping, aggravated vehicular hijacking, and robbery was a de facto life sentence because he was 17 years old at the time of the offense. The circuit court denied defendant leave to file a successive post-conviction petition on the grounds that it was untimely and that defendant had failed to file a motion for leave to file the petition. The appellate court affirmed, finding that defendant’s sentence was not a de facto life sentence because he was eligible for day-for-day credit and, as a result, could not establish the prejudice prong for bringing a successive petition. (ELLIS and BURKE, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act