People v. Rios

Illinois Appellate Court
Criminal Court
Habeas Corpus
Citation
Case Number: 
2013 IL App (1st) 121072
Decision Date: 
Tuesday, November 26, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
PIERCE
(Court opinion corrected 11/27/13.) Defendant was convicted of murder and attempted murder, after bench trial before judge who was later removed after JIB found that he used deception in violating residency requirements for sitting judges per Election Code. Collateral attack on judge's authority raised in habeas corpus proceeding does not render Defendant's conviction and sentence void because judge was removed from office. Trial court had subject matter jurisdiction and personal jurisdiction over the Defendant, and thus conviction and sentence are not void. (HARRIS and SIMON, concurring.)