People v. Torres
2022 IL App (1st) 201014-U
| Ill. App. Ct. | 2022Background
- Jose Torres, age 20 at the time, stabbed his 59-year-old neighbor more than 40 times in 1993; he was convicted at a 1995 bench trial of first‑degree murder and attempted robbery.
- The trial court sentenced Torres to concurrent terms of 75 years (murder) and 5 years (attempted robbery); he appealed and his sentence was affirmed.
- Torres filed multiple collateral challenges over the years; in November 2019 he moved for leave to file a second successive postconviction petition arguing his 75‑year term is an unconstitutional de facto life sentence because the sentencing court did not consider his youth.
- He submitted sentencing transcript excerpts, a neuropsychiatrist’s declaration on young‑adult brain development, and out‑of‑state authority about youth and severe sentences.
- The trial court denied leave; Torres appealed. The State relied on People v. Dorsey to argue Torres could not show cause and prejudice.
- Torres’s Department of Corrections profile shows a projected release opportunity after 37.5 years (good‑conduct credit), which the court treated as a meaningful opportunity for release under Dorsey.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Torres established cause and prejudice to obtain leave to file a successive postconviction petition challenging his 75‑year sentence under the Illinois proportionate penalties clause for failure to consider youth | People: Torres cannot meet cause and/or prejudice because (a) his sentence affords a meaningful opportunity for release via good‑conduct credit, and (b) Miller and its progeny do not provide cause to raise a state proportionate‑penalties claim | Torres: Emerging youthful‑offender authority (Miller line, Buffer) was unavailable at sentencing; his 75‑year term imposed when he was 20 is a de facto life sentence and the court failed to consider youth as mitigation, satisfying cause and prejudice | Court affirmed denial of leave: Torres cannot show prejudice because his sentence gives a meaningful opportunity for release (so not a de facto life sentence under Dorsey), and Miller does not supply cause for an Illinois proportionate‑penalties claim per Dorsey/precedent |
Key Cases Cited
- Roper v. Simmons, 543 U.S. 551 (barred capital punishment for crimes committed while under 18)
- Graham v. Florida, 560 U.S. 48 (barred life without parole for nonhomicide juvenile offenders)
- Miller v. Alabama, 567 U.S. 460 (barred mandatory life without parole for juvenile homicide offenders)
- Montgomery v. Louisiana, 577 U.S. 190 (held Miller applies retroactively)
- People v. Edwards, 2012 IL 111711 (only one postconviction proceeding; successive petitions require leave)
- People v. Wrice, 2012 IL 111860 (explaining cause for successive postconviction petitions)
- People v. Buffer, 2019 IL 122327 (treating sentences over 40 years as de facto life for proportionate‑penalties analysis)
- People v. Dorsey, 2021 IL 123010 (held sentences that provide a meaningful opportunity for release via good‑conduct credit are not de facto life sentences and Miller does not provide cause to bring a state proportionate‑penalties claim)