People v. Nooner

Summary

The Illinois Appellate Court affirmed Essie Nooner’s convictions and aggregate 56-year sentence for first degree murder and attempted first degree murder under an accountability theory. The court declined to consider Nooner’s claim that his initial appellate counsel was ineffective for failing to challenge the sufficiency of the evidence, concluding that a second direct appeal following a limited remand for resentencing was not the proper vehicle for that claim. The court also addressed Nooner’s as-applied proportionate penalties challenge and his contention that the sentence was excessive.

Holdings

1. A second appeal from a resentencing proceeding following a limited remand is not the proper vehicle to raise a claim concerning the sufficiency of the evidence at the original trial, even when the claim is framed as ineffective assistance of appellate counsel. Such a claim is more appropriately raised in a postconviction petition.
2. The minimum adult sentence totaling 56 years, including mandatory firearm enhancements and consecutive terms, did not violate the proportionate penalties clause as applied to Nooner and was not excessive.

Questions Presented

1. Whether a second direct appeal following a limited remand for resentencing was the proper vehicle to raise a claim that prior appellate counsel was ineffective for failing to challenge the sufficiency of the evidence.
2. Whether the circuit court properly imposed consecutive adult sentences totaling 56 years, including mandatory firearm enhancements, or whether the sentence was excessive or violated the proportionate penalties clause of the Illinois Constitution as applied to Nooner.

Disposition

affirmed