In February 2006, we affirmed defendant's sentence. People v. Stafford , No. 4–03–1011, 362 Ill.App.3d 1256, 335 Ill.Dec. 814, 919 N.E.2d 533 (Feb. 23, 2006) (unpublished order under Illinois Supreme Court Rule 23 ). ¶ 2 In June 2013, defendant filed a pro se postconviction petition alleging his life sentence was unconstitutional under the United States Supreme Court's decision in Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), because he was 17 years old when the crime was committed and his life sentence violated the eighth amendment's ban on cruel and unusual punishment ( U.S. Const., amend. VIII ).
On appeal, defendant argued the trial court abused its discretion when it sentenced him to natural life in prison, and this court affirmed the trial court's judgment. People v. Stafford, No. 4–03–1011, 362 Ill.App.3d 1256, 335 Ill.Dec. 814, 919 N.E.2d 533 (Feb. 23, 2006) (unpublished order under Supreme Court Rule 23 ). ¶ 2 In June 2013, defendant filed a pro se postconviction petition alleging his life sentence was unconstitutional under the United States Supreme Court's decision in Miller v. Alabama, 567 U.S. ––––, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), because he was 17 years old when the crime was committed and his life sentence violated the eighth amendment's ban on cruel and unusual punishment. U.S. Const. amend. VIII.