(Court opinion corrected 3/14/16.) Defendant was convicted of first-degree murder in shooting death of his wife. Court entered maximum available sentence of 60 years, with fines and fees. Defendant filed Section 2-1401 petition for relief from "void" judgment, arguing that because county clerk added mandatory $25 fine to his original sentence, his entire sentence was void. Based on Supreme Court's 2015 opinion in People v. Castleberry, there is no true voidness as alleged in Defendant's petition, but only a voidable $25 fine, which is no longer subject to collateral attack. So long as a Section 2-1401 petition challenges a judgment on voidness grounds, as did Defendant's petition, it is not subject to Section 2-1401's 2-year limitations period.(SCHOSTOK and SPENCE, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing