Court properly dismissed Defendant's pro se petition at 1st stage of postconviction proceedings because his vagueness challenge to the armed habitual criminal (AHC) statute has no arguable basis in the law. Defendant's guilty plea did not serve as waiver of his claim on appeal, and thus did not bar Defendant from challenging on direct appeal the constitutionality of the statue which served as basis for his conviction. Plain language of AHC statute clearly defines the unlawful conduct, which does not contain any limiting language as to sequence or separate entry of the predicate convictions. No arbitrary enforcement occurred, as Defendant was convicted of 2 separate offense in 2 separate cases stemming from his actions in 2 separate incidents that occurred over 1 month apart. (ROCHFORD and HOFFMAN, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions