People v. Applewhite, 2016 IL App (1st) 142330

In 2001, then-17-year-old Samuel Applewhite pled guilty to first-degree murder (one count) and aggravated battery with a firearm (one count) arising from two separate shootings; remaining counts were dismissed pursuant to a negotiated plea.
The trial court imposed the mandatory minimum 45-year term for murder (20 years) plus the mandatory 25-year firearm enhancement; the 12-year battery term ran concurrently.
A later collateral challenge under 2-1401 led the State to concede that concurrent sentencing was improper; the battery conviction was vacated, leaving the negotiated 45-year murder sentence intact.
Applewhite filed a pro se postconviction petition arguing the mandatory 25-year firearm enhancement, as applied to a juvenile, violated the Eighth Amendment and the Illinois proportionate-penalties clause under Miller/Graham/Roper.
The trial court dismissed the petition at the first stage as frivolous and patently without merit; the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the mandatory 25-year firearm enhancement violated the Eighth Amendment for a juvenile offender	State: sentence lawful; plea was negotiated and court retained discretion	Applewhite: enhancement denied individualized sentencing consideration required by Miller/Graham/Roper	Affirmed — enhancement did not violate the Eighth Amendment where defendant agreed to the sentence and was not subjected to a mandatory life-without-parole scheme
Whether the enhancement violated the Illinois proportionate-penalties clause	State: firearm enhancement constitutionally permissible and not shocking to community standards	Applewhite: enhancement prevented consideration of youth/culpability and thus was disproportionate under Miller and Gipson	Affirmed — enhancement did not shock the conscience; facts here distinguish Miller/Gipson and defendant negotiated the term

Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life-without-parole for juveniles unconstitutional; sentencing authority must consider youth)
Graham v. Florida, 560 U.S. 48 (2010) (life sentences without parole for nonhomicide juveniles unconstitutional)
Roper v. Simmons, 543 U.S. 551 (2005) (death penalty unconstitutional for juveniles)
People v. Reyes, 2016 IL 119271 (2016) (de facto life sentence holding under Miller)
People v. Sharpe, 216 Ill. 2d 481 (2005) (upheld firearm-enhancement statute against proportionate-penalties challenge)
People v. Miller, 202 Ill. 2d 328 (2002) (proportionate-penalties analysis where aggregate sentencing distorted culpability)
People v. Banks, 2015 IL App (1st) 130985 (2015) (rejected similar Miller-based challenge to 45-year sentence with firearm enhancement)