People v. Higuera

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2019 IL App (3d) 180730
Decision Date: 
Wednesday, July 3, 2019
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Vacated.
Justice: 
CARTER

Defendant pled guilty to driving while license suspended, and after he failed to appear at sentencing hearing, court ordered forfeiture of his bond and issued a bench warrant. At hearing, court ordered that judgment be entered on forfeiture of his bond. More than  years later, court granted defense counsel's request to vacate bond forfeiture. Court was without jurisdiction to vacate the forfeiture judgment as it was beyond the 2-year window of time under 735 ILCS 5-1401, and Defendant failed to show disability, duress, fraudulent concealment, or voidness of the original judgment, which are the only bases for attacking a judgment more than 2 years old. (HOLDRIDGE and WRIGHT, concurring.)