People v. Eugene Malloy

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The Illinois Appellate Court reversed Eugene Malloy's 11 fully negotiated guilty pleas and his 11 concurrent 55-year sentences in the Illinois Department of Corrections. Represented by Robert M. Stephenson, Malloy argued on appeal from the Stage I dismissal of his successive post-conviction petition that his sentences were void. Specifically, the circuit court erred in sentencing Mr. Malloy to an extended-term Class X sentence. Mr. Malloy was eligible to be sentenced to a Class 1 extended term sentence, or a Class X sentence, but not a Class X extended term sentence.

The Appellate Court agreed, vacated Mr. Malloy's 11 guilty pleas, and remanded the case for a new trial.

On remand to the Circuit Court Mr. Malloy received a 25 year sentence reduction.

Related Documentsn

Illinois Appellate Court's opinion in People v. Malloy: Read the full test of the Illinois Appellate Court's unanimous opinion vacating Eugene Malloy's 11 guilty pleas and remanding the case to the circuit court for a new trial.

Read the full text of Eugene Malloy's opening Brief in the Appellate Court.

Read the full text of the State's Brief in People v. Malloy

Read the full text of Eugen Malloy's Reply Brief in the Illinois Appellate Court.

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