People v. Kliner

Illinois Appellate Court
Criminal Court
Indictment
Citation
Case Number: 
2015 IL App (1st) 122285
Decision Date: 
Tuesday, January 6, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
FITZGERALD SMITH
Defendant was convicted in 1996 of first degree murder and conspiracy to commit murder. Section 112-2 of Code of Criminal Procedure does not require affirmative showing of compliance that grand jury was impaneled and sworn. Record shows, on face of indictment, that a valid indictment was entered by a sworn grand jury. Thus, court properly denied Defendant's Section 2-1401(f) petition for relief from judgment, as Defendant's convictions are not void. (HOWSE and EPSTEIN, concurring.)