People v. Shinaul

Defendant, then age 17, was charged with 9 felony counts: 8 aggravated unlawful use of a weapon (AUUW) counts and 1 unlawful possession of a firearm count. After 402 conference, Defendant, as part of a negotiated plea agreement, pled guilty to count I, and State nol-prossed remaining charges. Court granted Defendant's Section 2-1401 petition to vacate conviction on basis that it was void under Illinois Supreme Court's 2013 People v. Aguilar decision. No provision permits tolling of statute of limitations, and statute of limitations serves as absolute bar to State's motion to reinstate charges it nol-prossed.(FREEMAN, THOMAS, KILBRIDE, GARMAN, and BURKE, concurring; THEIS, dissenting.)