People v. Shinaul

Illinois Supreme Court PLAs
Criminal Court
Jurisdiction
Citation
PLA issue Date: 
January 20, 2016
Docket Number: 
No. 120162
District: 
1st Dist.

This case presents question as to whether Appellate Court has jurisdiction to consider State’s appeal of trial court order that granted defendant’s motion to vacate his conviction on charge of aggravated unlawful use of weapon (where court in Aguilar, 2013 IL 112116, found that similar conviction was void), but denied State’s request to reinstate four counts of aggravated unlawful use of weapon under different theory, where said counts had previously been nol-prossed at time defendant had entered his guilty plea on his conviction. Appellate Court found that Rule 604(a)(1) did not confer jurisdiction to consider State’s appeal, since: (1) State could appeal trial court’s order only if order had substantive effect of dismissing charge on ground listed in section 114-1 of Code of Criminal Procedure; and (2) instant denial of State’s reinstatement request cannot be so construed, where there was no indictment, information or complaint pending before trial court at time defendant sought vacatur of his conviction. Appellate Court also rejected State’s claim that Appellate Court had jurisdiction under Rule 304(b)(3) to consider its appeal under circumstances where trial court’s order had also resolved defendant’s section 2-1401 petition.