After Defendant pled guilty to vehicle theft conspirarcy, State filed forfeiture complaint against vehicle he used in commission of the crime. During forfeiture proceeding, court allowed Defendant to collaterally attack his guilty plea. Defendant was admonished of his rights, waived those rights and voluntarily pled guilty to offense of vehicle theft conspiracy. Defendant should have been collaterally estopped from later denying facts admitted in criminal case during forfeiture proceeding. State's evidence supporting forfeiture was not refuted by any admissible evidence offered by Defendant. Thus, court's ruling denying forfeiture was contrary to manifest weight of unrefuted evidence presented by State. (SCHMIDT, concurring; CARTER, dissenting.)
Illinois Appellate Court
Civil Court
Forfeiture