People v. Gomez

Defendant was convicted on 1 count of 1st degree murder. In amended successive postconviction petition, Defendant alleged actual innocence based on newly discovered evidence. Parties entered into agreed order whereby court granted petition, vacated conviction and sentence, and ordered a new trial. Defendant then filed petition for certificate of innocence, which court denied, finding that he had not proved that he was innocent of the murder by a preponderance of the evidence. Defendant could not satisfy elements of section 2-702(g) because he cannot show that the "entire indictment" was dismissed, as State nol-prossed count I and agreed to amend count II to reckless discharge of a firearm. (McBRIDE and ELLIS, concurring.)