Criminal procedure — successive postconviction petition

Posted May 21, 2021 11:37 AM

Where a defendant received an unconstitutional de facto life sentence of more than 40 years imposed upon him for an offense committed as a minor, he may challenge this sentence in a successive postconviction proceeding even if he has been released on parole already prior to serving 40 years in prison.The 2nd District Appellate Court reversed and remanded a decision from 16th Judicial Circuit Associate Judge Salvatore LoPiccolo Jr.Eloy Simental was found guilty of the first-degree murder of Cesar Montalvo, a high-ranking …

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