Defendant was sentenced to 80 years for first-degree murder and appealed from the first-stage dismissal of his post-conviction petition in which he alleged that his sentence was unconstitutional because he was 22 years old at the time of the offense and has intellectual disabilities. The appellate court affirmed, finding that defendant’s sentence did not violate the proportionate penalties clause because it was discretionary and not mandatory and the trial court took into consideration the necessary aggravating and mitigating factors. As a result, the trial court did not err in dismissing the defendant's post-conviction petition at the first state because his argument did not have an arguable basis in law or in fact. (REYES and BURKE, concurring)
Illinois Appellate Court
Criminal Court
Sentencing