People v. Coe

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2018 IL App (4th) 170359
Decision Date: 
Tuesday, December 25, 2018
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Reversed and remanded.
Justice: 
CAVANAGH

Defendant filed postconviction petition and, while awaiting evidentiary hearing, he completed his sentence. Court erred in dismissing petition as moot. Despite Defendant's release from custody, he still has a personal stake in outcome of postconviction proceeding, sufficient to prevent his case from being moot. Defendant had standing under Section 122-1(a) of Post-Conviction Hearing Act because he was in prison when he filed his petition. Any date subsequent to filing of petition is irrelevant to his standing.(STEIGMANN and KNECHT, concurring.)