People v. Abusharif

Illinois Appellate Court
Criminal Court
Relief from Judgment
Citation
Case Number: 
2021 IL App (2d) 191031
Decision Date: 
Tuesday, December 14, 2021
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Defendant was convicted of the 1st-degree murder of her girlfriend and housemate and sentenced to 50 years. More than 2 years later, Defendant filed a pro se section 2-1401 petition seeking relief from her sentence. Appointed counsel amended the petition twice. Defendant did not claim that she was under a legal disability because of incompetence, serious mental disorder, or minority, but claimed that she was under a legal disability until section 2-1401(b-5) took effect.  Legislative intent was to limit the relief under section 2-1401(b-5) to the 2-year limitations period in section 2-1401(c). (ZENOFF and HUDSON, concurring.)