Defendant was found guilty of aggravated battery with a firearm and was sentenced to 20 years in prison. Defendant filed a series of two motions pursuant to section 2-1401 of the code of civil procedure in which he argued that the sentencing court improperly relied on a void conviction during sentencing. In the appeal of the first motion, the appellate court affirmed its dismissal by finding that defendant’s petition lacked an explanation for his lack of due diligence in raising the claim earlier. Defendant attempted to cure that defect in the second petition and the trial court again dismissed it and defendant appealed. The appellate court affirmed, finding that the law of the case doctrine precluded defendant’s second claim and, even if it did not, defendant’s allegations did not merit an evidentiary hearing regarding due diligence. (MITCHELL and MIKVA, concurring)
Illinois Appellate Court
Criminal Court
Section 2-1401 Motion