Illinois Appellate Court
Criminal Court
Murder
Defendant was convicted, after jury trial, of 2004 murder and attempted murder. Court properly dismissed Defendant's petition under Section 2-1401 of Code of Civil Procedure. As Defendant did not file his petition within usual 2-year period for such petitions, he must show that judgment is void.An ex post facto challenge to a criminal law does not apply to crimes committed after the law takes effect, so law (enhancing sentence for attempted 1st-degree murder), is not unconstitutional on its face. Under Rule 606(b), a notice of appeal filed before disposition of a motion filed by Defendant or State would be premature and would not vest jurisdiction in appellate court. (BURKE and BIRKETT, concurring.)