People v. Bailey

Illinois Supreme Court
Criminal Court
Case Number: 
2014 IL 115459
Decision Date: 
February 6, 2014
2d Dist.
Du Page Co.
Appellate court affirmed as modified.
Defendant, then age 17, pled guilty to criminal sexual abuse of his 16-year-old girlfriend. At sentencing, trial judge told Defendant that he was not required to register as a sex offender. Three years later, Defendant later argued that trial judge was required to order him to register, and that thus plea and sentence were void. A party may not satisfy revestment doctrine's requirement that subsequent proceeding be inconsistent with prior judgment only by failing to object on basis of untimeliness or finality of prior judgment. Expressing opposition to alteration of prior judgment bars application of revestment doctrine. Thus, circuit court was without jurisdiction to rule on merits of Defendant's motion to vacate sentence and plea.(GARMAN, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)