People v. Price

Defendant was convicted of first degree murder and filed a Section 2-1401 petition for relief from judgment, arguing that his natural life sentence was void. Illinois Supreme Court's 2015 Castleberry decision, which abolished the "void sentence rule", applies to Defendant's Section 2-1401 petition that was pending at time Castleberry was decided, and also prospectively. Thus, Defendant cannot rely on void sentence rule, which Castleberry eliminated, to escape 2-year statutory time bar. Thus, Defendant's Section 2-1401 petition was untimely.(KARMEIER, FREEMAN, THOMAS, GARMAN, and BURKE, concurring; KILBRIDE, specially concurring.)