People v. Reed

Summary

The Illinois Appellate Court, First District, Third Division, reviews Larry Reed’s appeal from the denial of leave to file a successive postconviction petition. Reed argued that amendments to Illinois’s habitual criminal statute, as interpreted in People v. Stewart, rendered his natural-life sentence void because one predicate offense occurred when he was under 21. The court affirms the circuit court’s denial, while discussing the cause-and-prejudice standard and related precedent, including People v. Durant.

Holdings

1. Leave should be denied when the successive petition and supporting documentation fail as a matter of law to make a prima facie showing of both cause and prejudice. Reed failed to make that showing because the statutory amendment on which his claim relied did not apply retroactively to his sentence.
2. The 2021 amendment to subsection 5-4.5-95(a) substantively changed existing law by adding the requirement that the first predicate offense be committed when the person was at least 21 years old; it did not merely clarify prior law.
3. The 2021 amendment does not apply retroactively to Reed's 1993 sentence and therefore does not render his habitual-criminal sentence unconstitutional.

Questions Presented

1. Whether Reed made a prima facie showing of cause and prejudice sufficient to obtain leave to file a successive postconviction petition.
2. Whether the 2021 amendment to Illinois's habitual-criminal statute, which requires the first predicate offense to have been committed when the person was at least 21 years old, clarified prior law or substantively changed it.
3. Whether the 2021 amendment applies retroactively to Reed's 1993 sentence.

Disposition

affirmed