People v. Hubbard, 2012 IL App (2d) 101158

Defendant Roy Hubbard pleaded guilty by blind plea in 1997 to predatory criminal sexual assault of a child; court sentenced him after a plea that included a separate burglary charge
The court misadvised Hubbard about the sentencing range for the predatory-criminal-sexual-assault charge at the February 1998 hearing, allegedly rendering the plea involuntary
In 2010 Hubbard filed a section 2-1401 petition asserting the predatory-sexual-assault conviction was void; the petition argued due process violations and improper sentencing admonitions
The circuit court dismissed the petition as untimely and not void, and Hubbard appealed asking this court to treat the voidness claim as exempt from the 2-year limitations
Illinois voidness doctrine holds a judgment is void only if the entering court lacked jurisdiction; involuntary pleas do not automatically render a judgment void

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an involuntary guilty plea renders a judgment void under Illinois law	Hubbard argues voidness due to misadviser renders the plea involuntary and void	State contends involuntariness does not create a void judgment under Davis	No; involuntary plea does not equal a void judgment under Illinois law
Whether a 2-1401 petition alleging voidness is exempt from the two-year limit	Petition should be exempt under Sarkissian for void judgments	Voidness claims are not exempt once meritless; petition untimely	Petition not exempt; two-year limit applies after proper ruling on voidness
Whether the court properly dismissed the petition after concluding the conviction was not void	Argument focused on broader federal voidness standard	Davis-based Illinois standard controls; no voidness, so untimely	Yes; petition properly dismissed as untimely and conviction not void

People v. Davis, 156 Ill. 2d 149 (1993) (voidness limited to lack of jurisdiction; voidable judgments not subject to collateral attack)
People v. Williams, 188 Ill. 2d 365 (1999) (obiter dictum on voidness not binding; due process not a standard for voidness in Illinois law)
Sarkissian v. Chicago Bd. of Educ., 201 Ill. 2d 95 (2002) (voidness petitions not subject to 2-1401(c) limitations; but later limits apply)
In re M.W., 232 Ill. 2d 408 (2009) (reaffirmed voidness principles; jurisdiction focus)
People v. Partee, 125 Ill. 2d 24 (1988) (collateral attack concept in Illinois practice)
Buford v. Chief, Park Dist. Police, 18 Ill. 2d 265 (1960) (definitions of collateral attack)
People v. Partee, 125 Ill. 2d 24 (1988) (collateral attack concept in Illinois practice)
Barling? (example placeholder), 403 Ill. App. 3d 321 (2010) (Borgetti discusses Vincent standard application)