People v Douglas

People v. Shamere Douglas, 2017 IL App (4th) 120617 (July 27, 2017)

SENTENCING The Fourth District held that defendant forfeited his as-applied-unconstitutionality and void-sentence arguments by failing to raise them in his postconviction petition. In any event, defendant was properly sentenced as a Class X offender for his aggravated battery, based on recidivism, because he was at least 21 years old when he pleaded guilty and was sentenced.

POSTCONVICTION Defendant complained that the trial court erroneously provided the warden of his prison a copy of the order that found his first postconviction petition to be frivolous. The Fourth District declined to rule on the issue, which was not properly before it in an appeal from dismissal of the petition. Nothing indicated that the Department of Corrections had initiated a disciplinary proceeding to revoke good conduct credit. In any event, defendant would have to bring a separate action against DOC to challenge a credit revocation.