Illinois Appellate Court
Criminal Court
Guilty Pleas
In 1997, Defendant pled guilty to manufacture or delivery of heroin, and was sentenced to 2 years probation. In 2017, Defendant filed a section 2-1401 petition through same attorney who represented him at the plead hearing. Petition alleged that court knew Defendant was not a U.S. citizen but did not admonishment him that he was pleading guilty to a "deportable offense." Court properly dismissed Defendant's Section 2-1401 petition as untimely. Trial court had personal and subject-matter jurisdiction when it entered judgment on guilty plea, and thus Defendant fails to show that the judgment was void. Thus, Defendant was not excused from the 2-year limitations period for section 2-1401 petitions. (CUNNINGHAM and CONNORS, concurring.)