Defendant was convicted, in 2013, of unlawful possession of cannabis with intent to deliver. Defendant's traffic stop and subsequent arrest were conducted by the SAFE unit, a drug interdiction unit created by the state's attorney which was not authorized to take those actions. The illegal arrest had no impact on the circuit court's jurisdiction. Court had subject matter jurisdiction derived from the Illinois Constitution, and personal jurisdiction because Defendant appeared in court to answer charges. As the conviction is not void, his attack on conviction raised in petition for relief from judgment is subject to 2-year limitations period. Court properly dismissed petition as untimely, as it was filed more than 5 years after his conviction. (McDADE, concurring; WRIGHT, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Personal Jurisdiction