People v. Shinaul
Annotate this CaseDefendant, then 17 years old, was arrested and charged with eight aggravated unlawful use of a weapon (AUUW) counts and one unlawful possession of a firearm count. On June 2, 2009, defendant, as part of a negotiated plea agreement, pled guilty to count I (720 ILCS 5/24-1.6(a)(1), (a)(3)(A)); the state agreed to a nolle prosequi on the remaining charges. The court accepted the plea and sentenced defendant to 24 months’ probation based on the Class 4 felony offense of AUUW. Defendant completed his sentence. In 2013, defendant brought a petition under 735 ILCS 5/2-1401, seeking to vacate the conviction as void under the Illinois Supreme Court’s 2013 decision, People v. Aguilar, that the Class 4 form of AUUW was facially unconstitutional. Conceding that defendant’s conviction should be vacated, the state moved to reinstate AUUW counts that were previously nol-prossed. The court denied the motion on the basis that reinstatement of the charges would violate the one-act, one-crime doctrine. The appellate court determined it lacked jurisdiction to consider the state’s appeal. The Illinois Supreme Court concluded that the statute of limitations served as an absolute bar to refiling the charges, rejecting an argument that its decision will have a chilling effect on plea bargains.
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