People v. Moran
2012 IL App (1st) 111165
Ill. App. Ct.2012Background
- Defendant Moran was arrested in 1996 and charged with three murders and armed robbery; he pleaded guilty to felony murder predicated on armed robbery and armed robbery in 1997 in exchange for a 45-year sentence.
- The circuit court admonished Moran under Rule 402 and explained potential penalties for guilty pleas to murder and armed robbery; Moran stated he understood his rights and entered the plea freely.
- After plea, Moran filed postplea motions in 1997–1999; direct appeal was eventually dismissed; he later filed a pro se 2-1401 petition in 2007 challenging the legality of concurrent convictions.
- The State moved to dismiss the 2-1401 petition as untimely and argued the judgment was voidable, not void; Moran argued the judgment was void due to lack of authority to convict on both offenses.
- The circuit court vacated Moran’s armed robbery conviction; the State sought reconsideration, and the matter was appealed, with the appellate court reversing and holding the petition was time-barred and the judgment voidable.
- The court concludes Moran’s 2-1401 petition was untimely and the conviction for armed robbery was merely voidable, not void, so the petition to attack the judgment outside the two-year period must be denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 2-1401 petition was timely | State argues untimely filing under 735 ILCS 5/2-1401(c). | Moran argues voidness exception tolls the deadline. | Petition untimely; voidness exception does not apply. |
| Whether the armed robbery conviction was void or voidable | State contends the judgment was voidable, not void; entry of multiple convictions was error but not jurisdictional voidness. | Moran argues lack of authority to convict on both offenses rendered judgment void. | Judgment was voidable, not void; it did not divest jurisdiction. |
| Proper remedy for the invalid conviction | If void, Moran should withdraw plea or have relief consistent with Davis/Coady. | N/A or Moran argued for relief under 2-1401 beyond two years. | Remedy was not to strike multiple convictions via 2-1401; the judgment remained voidable and outside the deadline. |
| Effect of the distinction between void and voidable on collateral attack | Cited cases would allow collateral attack on void judgments regardless of time. | Coady/Davis/Ajna lines limit collateral attack to void judgments only, not voidable ones. | Applied Davis and Coady: multiple convictions are voidable, not void; collateral attack not permitted outside the two-year limit. |
Key Cases Cited
- People v. Davis, 156 Ill. 2d 149 (1993) (void vs voidable under jurisdiction doctrine; multiple judgments may be voidable)
- People v. Coady, 156 Ill. 2d 531 (1993) (applies Davis to include multiple convictions; not void when court had jurisdiction)
- Sarkissian v. Chicago Board of Education, 201 Ill. 2d 95 (2002) (voidness standard and time limitations for 2-1401 petitions)
- People v. Wade, 116 Ill. 2d 1 (1987) (voidness inquiry specific to probation/eligibility; distinguishes from Davis)
- In re Dar. C., 2011 IL 111083 (2011) (2-1401 procedural framework and timing guidance)