Defendant, who was convicted of attempted murder and armed robbery and was sentenced to 36 years in prison, appealed from the circuit court’s denial of his motion for leave to file a successive post-conviction petition, arguing that a failure to apply an amended sentencing statute regarding the eligibility of minors for parole to his case violated his constitutional rights. The appellate court affirmed, explaining that prospective effective dates for statutes are “remarkably common” and that “there must be some semblance of finality to convictions” and, as a result, defendant could not establish prejudice and the trial court did not err in denying his petition for leave to file a successive petition. (FITZGERALD SMITH and HOWSE, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act