People v. Spencer

This case presents question as to whether 20-year-old defendant can assert that his 100-year sentence on murder, attempted murder and home invasion charges is unconstitutional under Illinois Proportionate Penalties Clause of Illinois Constitution. Appellate Court, in affirming defendant’s sentence, found that defendant could not raise such challenge, where defendant was not serving de facto life sentence, because he would be eligible for parole after having served 20 years under section 5/5-4.5-115(b) of Illinois Code of Corrections. This is so, Appellate Court observed, because, regardless of length of imposed sentence, parole provides meaningful opportunity for release within 20 years. (Partial dissent filed.)