People v. Powell

JUSTICE THEIS,

specially concurring:

I concur in the result reached by the majority, but write separately because I do not join in that portion of the majority opinion which addresses the proportionality of the 20-year mandatory sentencing enhancement provision for first-degree murder. 730 ILCS 5/5 — 8— 1 (a)(1)(d)(ii) (West 2000).

Defendant has no standing to raise this issue. Courts will not consider the validity of a statutory provision unless the person challenging the provision is directly affected by it or the unconstitutional feature is so pervasive as to render the entire statute…