Defendant pleaded guilty to one count of aggravated unlawful use of a weapon pursuant to a statute that was subsequently found to be unconstitutional. As part of his plea agreement, the prosecution nol-prossed three additional counts. After his conviction was vacated, he petitioner for a certificate of innocence, which was denied by the circuit court on the grounds that petitioner was required to prove innocence on all four AUUW counts. The Illinois Supreme Court affirmed, agreeing with the circuit and appellate courts that denial of the petition was proper because defendant failed to prove that he was innocent of all four charges in the information. (THEIS, HOLDER WHITE, and CUNNINGHAM, concurring and ROCHFORD, NEVILLE, and O’BRIEN, specially concurring)
Illinois Supreme Court
Criminal Court
Certificate of Innocence