People v. Begay

Illinois Appellate Court
Criminal Court
Sexual Abuse
Citation
Case Number: 
2018 IL App (1st) 150446
Decision Date: 
Thursday, June 28, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
GORDON

Defendant was convicted, after jury trial, of aggravated criminal sexual abuse and sentenced to 3 years of felony probation. Court dismissed postconviction petition, filed 5 months after satisfactory termination of his probation. Court acted promptly and within 90 days after docketing (which is date when clerk of court entered petition into the case file and set it for hearing) of refiled petition. Filing and docketing are two different acts. Sex offender registration status does not qualify as imprisoned under Post-Conviction Hearing Act. Thus, Defendant lacked standing to file his petition, and court properly dismissed it. (BURKE and ELLIS, concurring.)