People v. Chears

The defendant appeals from the second-stage dismissal of his petition for relief under the Post-Conviction Hearing Act (725 ILCS 5/122 — 1 et seq. (West 2006)), following a second-degree-murder conviction. The defendant acknowledges that no better result than a second-degree-murder conviction was possible under the facts of his case. The postconviction petition challenges only the extended-term sentence he received. The defendant contends the trial court erred in dismissing his petition because he made a substantial showing of a constitutional violation where: (1) the trial court considered…