Defendant was convicted of aggravated unlawful use of a weapon (AUUW), and appellate court reversed that conviction because statute under which she was prosecuted was declared unconstitutional by Illinois Supreme Court. Trial court abused its discretion in denying Defendant's petition for certificate of innocence. Defendant met the elements of section 2-702(d) and (g), as to requirements for certificate of innocence. Defendant's acts charged in indictment did not constitute a felony or misdemeanor against the state because charge was based on the statute later held unconstitutional. Defendant did not intentionally cause or bring about her conviction, because the AUUW statute is void ab initio, and thus her actions were not criminal at the time. (CARTER and SCHMIDT, concurring.)
Illinois Appellate Court
Criminal Court
Weapons