defendant forfeits claim in Illinois

2026However, he contends the error may be reviewed under the plain-error doctrine because a clear or obvious error occurred and the evidence at his resentencing was closely balanced. ¶ 39 Generally, a defendant forfeits a claim of sentencing error by failing to preserve the error through “both a contemporaneous objection and a written postsentencing motion raising the issue.” People v. Hillier, 237 Ill. 2d 539, 544 (2010).

2025People v. Thompson, 2015 IL 118151, ¶ 39 ; People v. Hillier, 237 Ill. 2d 539, 547 (2010) (defendant’s fifth amendment challenge to his sex- offender evaluation was not raised at trial and was thus forfeited); People v. Ivanchuk, 2025 IL App (4th) 241230, ¶ 42 (defendant forfeited fourth-amendment challenge to vehicle stop by failing to raise it at trial). ¶ 43 There are a few exceptions to forfeiture.

2025People v. Thompson, 2015 IL 118151, ¶ 39 ; People v. Hillier, 237 Ill. 2d 539, 547 (2010) (defendant’s fifth amendment challenge to his sex- offender evaluation was not raised at trial and was thus forfeited); People v. Ivanchuk, 2025 IL App (4th) 241230, ¶ 42 (defendant forfeited fourth-amendment challenge to vehicle stop by failing to raise it at trial). ¶ 43 There are a few exceptions to forfeiture.

2023People v. Petrenko, 237 Ill. 2d 490 , 502-03 (2010); 725 ILCS 5/122-3 (West 2020) (“Any claim of substantial denial of constitutional rights not raised in the original or an amended petition is waived.”). 3 We do not have supervisory authority to excuse forfeiture caused by a defendant’s failure to include an issue in his postconviction petition.

2022People v. Pearson, 88 Ill. 2d 210, 217 , 430 N.E.2d 990, 993 (1981).

2022People v. Pearson, 88 Ill. 2d 210, 217 , 430 N.E.2d 990, 993 (1981).

2021People v. Austin, 2017 IL App (1st) 142737, ¶ 46 (a defendant forfeits a claim of jury instruction error unless he or she objected to the instruction or offered an alternative instruction and raised the instruction issue in a posttrial motion).