People v. White

Held that an open, blind, guilty plea with no agreement as to sentence did not waive a constitutional challenge to the sentence, overruling People v. Aceituno, 986, 216 N.E.3d 237 to the extent that it held otherwise.

Also held that the imposition of a 40-year sentence to the petitioner, who was charged with three counts of first-degree murder and one count of home invasion when he was 20-years old, did not violate the proportionate penalties clause of the Illinois Constitution. The petitioner was not a juvenile when he committed the offense, he fatally shot an unarmed victim in close range, and the circuit court took into consideration the petitioner’s rehabilitative potential during his sentencing hearing (and ultimately found no factors in mitigation applied). The court had found that it had discretion to sentence the petitioner to 60 years in prison but ultimately found a 40-year sentence was fair.