People v. Crenshaw

Illinois Appellate Court
Criminal Court
Motions to Vacate
Citation
Case Number: 
2017 IL App (4th) 150170
Decision Date: 
Wednesday, April 19, 2017
District: 
4th Dist.
Division/County: 
Brown Co.
Holding: 
Affirmed.
Justice: 
KNECHT

Office of State Appellate Defender (OSAD) filed motion to withdraw as counsel on appeal on ground no meritorious issues can be raised. OSAD provided adequate explanation why Defendant's Section 2-1401 petition is meritless. Defendant did not present any facts unknown to trial court at time of original judgment, and all matters Defendant alleged should have been presented on direct appeal or in a postconviction petition. Defendant was not entitled to substitution of judge as a matter of right . A section 2-14-1 proceeding is not a new case for purposes of Section 2-1001(a)(2). (HARRIS and STEIGMANN, concurring.)