People v. Johnson

This case presents question as to whether trial court properly dismissed defendant’s section 2-1401 petition to vacate his 2006 conviction for unlawful use of weapon by felon (UUWF), where predicate felony for his UUWF conviction was 1992 murder conviction that was vacated in 2019. Appellate Court, in affirming trial court, observed that: (1) defendant’s 1992 conviction was based upon constitutionally valid statute; (2) at time of his 2006 arrest and conviction for UUWF, defendant’s murder conviction had not been vacated or reversed; and (3) at time of his arrest in 2006, defendant was convicted felon and his guilty plea established his possession of weapon. As such, both elements of UUWF statute had been satisfied, and subsequent vacation of defendant’s 1992 murder conviction provided no basis for defendant’s proposed collateral relief from his UUWF conviction.