2024 IL App (3d) 210414
Ill. App. Ct.2024Background
- Breon Lavar Jones was convicted in two separate cases of aggravated unlawful use of a weapon (AUUW) in Peoria County, IL, and sentenced first to probation, then to prison after a subsequent offense.
- In both cases, Jones entered into negotiated plea agreements: pleading guilty to AUUW charges in exchange for dismissal (nol-prosse) of other charges.
- The Illinois Supreme Court later held portions of the AUUW statute under which Jones was convicted were unconstitutional, leading the trial court to vacate both AUUW convictions at the State’s concession.
- Jones then sought certificates of innocence for both vacated convictions, which would enable him to pursue remedies for wrongful incarceration.
- The trial court denied his petitions for certificates of innocence, finding that Jones had voluntarily caused his convictions by pleading guilty.
- Jones appealed.
Issues
| Issue | Jones's Argument | State's Argument | Held |
|---|---|---|---|
| Must petitioner prove innocence of nol-prossed charges to obtain a certificate of innocence? | Only needs to prove innocence of the vacated AUUW charges for which he was convicted, not dismissed charges. | Must prove innocence of all charges in the indictment, including those nol-prossed. | Petitioner must prove innocence of all charged offenses, including nol-prossed charges. |
| Does pleading guilty to a later-vacated charge bar certificate of innocence? | Pleading guilty to an invalid statute should not preclude issuance of certificate if innocence is shown. | Pleading guilty voluntarily caused the conviction, failing statutory requirements. | Did not reach this issue, as the third statutory element was dispositive. |
Key Cases Cited
- People v. Aguilar, 2013 IL 112116 (Ill. 2013) (held section of AUUW statute unconstitutional under the Second Amendment)
- People v. Mosley, 2015 IL 115872 (Ill. 2015) (further sections of AUUW statute unconstitutional)
- People v. Burns, 2015 IL 117387 (Ill. 2015) (clarified broad unconstitutionality of AUUW provision)
- People v. Warner, 2022 IL App (1st) 210260 (Ill. App. Ct. 2022) (petitioner must prove innocence of all charged offenses, including nol-prossed, to obtain certificate of innocence)
- People v. Brown, 2022 IL App (4th) 220171 (Ill. App. Ct. 2022) (reaffirmed requirement to prove innocence of all charged offenses)
- People v. Hilton, 2023 IL App (1st) 220843 (Ill. App. Ct. 2023) (petitioner must be innocent of all charged offenses including those nol-prossed, even if not from negotiated plea)