Illinois Appellate Court
Criminal Court
Relief from Judgment
(Supplemental opinion upon denial of rehearing 10/26/15.) Defendant entered guilty plea to aggravated unlawful use of a weapon (AUUW), and State nol-prossed remaining charges. Defendant later filed Section 2-1401 petition for relief, seeking to vacate conviction on basis that it was void under People v. Aguilar, a 2013 Illinois Supreme Court decision. State moved to reinstate 4 of the counts which had been nol-prossed. Court vacated Defendant's conviction and allowed him to withdraw his plea, but denied State's motion for reinstatement. Trial court entered no order or judgment that had substantive effect of dismissing any charges against Defendant. Thus, State is not entitled to an appeal pursuant to Rule 604(a)(1). (NEVILLE, concurring; PIERCE, specially concurring.)