Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Defendant pled guilty to criminal sexual abuse, and was sentenced to 1 year conditional discharge (CD). Defendant failed to appear in court 1 year after he was sentenced, as sentencing order required; court then extended CD for 1 month and required Defendant to appear in 1 month. Defendant again failed to appear. About 8 years later, Defendant turned himself in on arrest warrant issued for his failure to appear. Even though there was an active warrant for his arrest and State's petition to revoke CD was unresolved, because Defendant was no longer serving any part of his sentence when he filed his postconviction petition, he lacked standing to bring his claims under Post-Conviction Hearing Act.(ZENOFF and BURKE, concurring.)