Court dismissed Defendant's section 2-1401 petition to vacate 2006 conviction for unlawful use of a weapon by a felon (UUWF). Because it was the status of Defendant's prior conviction at the time he possessed the firearm that controlled, regardless of whether that prior conviction is later vacated on procedural ground, there is no basis to vacate his UUWF conviction which was predicated on a prior 1992 conviction under the facially valid 1st degree murder statute. Appellate court cannot consider the certificate of innocence which circuit court granted, as to his 1992 murder conviction, subsequent to the filing of this appeal. When the predicate conviction is based upon a valid statute, it may be voidable by reason of a constitutionally deficient procedure, but it is not void. (DELORT and ROCHFORD, concurring.)
Illinois Appellate Court
Criminal Court
Weapons