1, The seperation of powers clause,as legislature has power to fix sentences.for mr.whatley crime and limit the scope of the judicial decsrition to imposing a sentence of aggravating and mitigating factors need not benecessary by part sentencing equation if legislature deem such factors inappreate.

2. As the suprem court address the attempt provision public act 91-404 subsection (A) held attempt murder statue is unconstitutional of the illinois r.nngt- . AmorH rights violate the proportionat penaltie clause arti ^[RECEIVED an law against double enhancement ,arti clS^ ^6 ?020 OFFICE OF THE CLERK SUPREME COURT, U.S.De-Novo .
1,section 11,

2, section 10 amendment 6 th, 14tph, 5th, 8th. and cruel an unusual punishment of the United States constitution althogh a facial challenge requires a showing that the statue (720 ilcs 5/8-4-9 (west 2000) is invalid under any set of facts as applied to whatley.

3. the petitioner 6 amendment rights under the federal and.state costitution was violated, even though sentencing does not concern the petitioners guilt or innonece, ineffective assistent of counsel during a setencing hearing result in prejudice under the prejudice prong of the Strickland, test for ineffective assistent of counsel becouse any amount of additional jail time has sixth amendment .significance ,U.S.C.A. const ,amend, 6 even if the trial itself is free from constitutional 'flaws the petitioner v;ho based on the deficient performance of counsel,from either a conviction on a more serious counts or the imposition of a more sever sentence.const amend, 6.see lafler v.cooper, 132 s,ct ,13 / 6(2012)182,1, ed,2d,398,80, uslw, 4244, Hill v \ ' Lockhart , see Montgomery v.peterson ,846,f,2d.407,412,( 7th cir,1988), in the context of a petitioner having rejected a plea, offe r from the prosecution indeed the was a 21 year at 85%, the district court granted a conditional writ and ordered, specific performance of the orginal offer .KIMM3LMAN V.MORRISON ,477, u.s, 365,379,106. s,ct, 2574,91, l,ed, 2d,305, see MISSOURI V.FRYE,u.s. 132., s ,ct ,1399,1, ed , 2d.can

Whether the separation of powers clause allows the legislature to limit the scope of judicial discretion in sentencing by deeming certain aggravating and mitigating factors unnecessary