People v. Moran

Illinois Appellate Court
Criminal Court
Relief from Judgment
Citation
Case Number: 
2012 IL App (1st) 111165
Decision Date: 
Thursday, August 30, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed.
Justice: 
FITZGERALD SMITH
Order improperly convicting Defendant of armed robbery and greater offense of felony murder predicated on that armed robbery was voidable and not void. Thus, as Defendant's Section 2-1401 pro se petition for relief from judgment was filed outside of two-year statuory period, court erred in denying State's motion to dismiss petition. (LAVIN and STERBA, concurring.)