People v. Glowacki 

Illinois Appellate Court
Criminal Court
Bond
Citation
Case Number: 
No. 2-09-0185
Decision Date: 
Wednesday, September 29, 2010
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Defendant was cited for DUI in 2002, and released on $20,000 recognizance bond; he failed to appear at court date and bond was ordered forfeited. Warrant was issued but never served; in 2007, Defendant filed Section 2-1401 petition to vacate bond forfeiture. Court set pretrial date upon Defendant's motion to reconsider denial of his petition. Court properly dismissed State's Section 2-1401 petition to vacate order setting pretrial date. Although bond forfeiture might be final as to the money judgment, no final criminal conviction had entered. Court derived its subject matter jurisdiction from the Illinois Constitution, and had authority to hear and rule on Defendant's petition. (O'MALLEY and HUDSON, concurring.)