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wanting to appeal a 30 yr sentence

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pennib

Junior Member
What is the name of your state (only U.S. law)? Illinois
A friend of mine was sentenced to 30 yrs. in prison for kicking someones door in and entering their house. He was charged with burglary. He has already served 11 yrs of this sentence. Is there any chance for an appeal to go through now, was this sentence to strong, abd does he stand a chance of winning an appeal. How do you go about it?
 


CavemanLawyer

Senior Member
Appeals must be filed within a certain time period. I don't know the appellate timetables in Illinois, but I can say with confidence that it ran many many years ago if he has been in prison for 11 years. Generally with such an old conviction, an appeal is not possible unless some new evidence is discovered.

It is extremely rare to appeal with just the argument that the punishment given was excessive. This is so because, if the conviction for that crime was valid and supported by the evidence, than whatever punishment was given was within the range of punishment. How do you argue that the punishment was excessive when the legislature has already declared that any offense of that type allows for that sentence? Generally the only way to make this argument is to show that the statute itself provides for constitutionally excessive punishment in ALL cases. (ex: unconstitutional for X law to never allow for probation). You've basically got to show that the law is unconstitutional, which is not likely for a crime of burglary which is a pretty well settled crime.
 

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