People v. Carmickle

Mr. JUSTICE BARRY,

specially concurring:

I concur with the result reached by the majority in this case. However, my concurrence is qualified because I do not consider the defendant’s failure to raise the unconstitutionality of section 5 — 2—l(i) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1975, ch. 38, par. 5 — 2—l(i)) in his direct appeal to constitute a waiver of that issue on this appeal from the denial of his post-conviction petition. The Illinois Supreme Court did not declare the unconstitutionality of the statute in People v. McCullum (1977), 66 Ill. 2d 306, 362 N.E.2d 307,…