Defendant, who pleaded guilty of aggravated unlawful use of a weapon, filed a petition for relief from judgment pursuant to section 2-1401 of the Code of Civil Procedure claiming that the AUUW statute was unconstitutional and his conviction was void. The circuit court dismissed the petition as frivolous and patently without merit and defendant appealed, arguing that the AUUW violates the second amendment and that his due process rights were violated when the circuit court dismissed his petition without allowing him to respond to the State’s oral motion to dismiss. The appellate court affirmed, finding that the portion of the AUUW statute challenged by defendant was constitutional and that the circuit court’s denial of the petition in defendant’s absence was harmless error. (LAMPKIN and D.B. WALKER, concurring)
Illinois Appellate Court
Criminal Court
Second Amendment