People v. Shoulder

Petitioner appealed from the circuit court’s denial of his petition for issuance of a certificate of innocence, which he sought after his conviction for being an armed habitual criminal was reversed because it was predicated on a void prior conviction. The circuit court denied the petition by finding that the petitioner could have been found guilty of the lesser-included offense of unlawful use of a weapon by a felon. The appellate court reversed, finding that the petitioner had satisfied all four statutory prerequisites to receive a certificate of innocence. (CATES and MOORE, concurring)