People v. Abdullah

Illinois Appellate Court
Criminal Court
Murder
Citation
Case Number: 
2018 IL App (2d) 150840
Decision Date: 
Tuesday, February 27, 2018
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
McLAREN

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.)