NOTICE 2025 IL App (5th) 240016 Decision filed 08/27/25. The text of this decision may be NO. 5-24-0016 changed or corrected prior to the filing of a Petition for Rehearing or the disposition of IN THE the same. APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT ______________________________________________________________________________
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Macon County. ) v. ) No. 18-CF-314 ) JOEL R. SHOULDER, ) Honorable ) Thomas E. Griffith, Defendant-Appellant. ) Judge, presiding. ______________________________________________________________________________
PRESIDING JUSTICE McHANEY delivered the judgment of the court, with opinion. Justices Cates and Moore concurred in the judgment and opinion.
OPINION
¶1 The petitioner, Joel R. Shoulder, appeals the circuit court’s denial of his petition for
issuance of a certificate of innocence (COI) under section 2-702 of the Code of Civil Procedure
(Civil Code) (735 ILCS 5/2-702 (West 2022)). The petitioner pled guilty to being an armed
habitual criminal (AHC) (720 ILCS 5/24-1.7(a)(1) (West 2016)), predicated on two prior felony
convictions. Following his conviction, the petitioner was sentenced to six years in the Illinois
Department of Corrections (DOC) plus three years of mandatory supervised release (MSR). After
his AHC conviction was reversed because it was predicated on a void prior conviction, the
petitioner sought the issuance of a COI. The circuit court denied the petition, finding the petitioner
could have been found guilty of the lesser-included offense of unlawful use of a weapon by a felon
(UUWF) (id. § 24-1.1(a)). The petitioner appeals, arguing that the circuit court erred in denying
1 his petition for a COI where UUWF is not a lesser-included offense of being an AHC and that the
State was collaterally estopped from asserting that UUWF is a lesser-included offense.
Alternatively, the petitioner contends that, assuming UUWF is a lesser-included offense of being
an AHC because he was not charged with or imprisoned for UUWF, he was entitled to a COI.
Finally, the petitioner contends that because he did not receive effective assistance of plea counsel,
he did not voluntarily cause or bring about his own conviction. For the reasons that follow, we
reverse.
¶2 I. BACKGROUND
¶3 A. Guilty Plea
¶4 On March 7, 2018, the State charged the petitioner with one count of being an AHC (id.
§ 24-1.7(a)(1)). The information alleged the petitioner’s prior conviction for the offense of
aggravated unlawful use of a weapon (AUUW) (id. § 24-1.6(a)(1), (a)(3)(C)) served as one of the
predicate offenses to prove he was guilty of being an AHC.
¶5 In July 2018, the petitioner entered into a fully negotiated guilty plea to a sole count of
being an AHC in exchange for a minimum sentence. The State presented the following factual
basis for the plea. Officer B.L. Massey would testify he responded to a call reporting “shots being
fired” at 720 East Condit Street in Decatur, Illinois. At the scene, Officer Massey heard another
gunshot and observed the petitioner on a patio behind 720 East Condit Street, holding an item that
appeared to be a handgun. Law enforcement officers secured a search warrant for the residence.
During the execution of the search warrant, an officer found in a bedroom from which the
petitioner had exited a “9 millimeter Glock model 17 semiautomatic handgun.” Officers also
located four spent casings matching that handgun in the immediate area of the patio. Additionally,
the State would provide certified copies of the petitioner’s prior convictions for (1) the
2 manufacture or delivery of 15 grams or more but less than 100 grams of heroin (Macon County
case No. 11-CF-1085) and (2) AUUW (Macon County case No. 09-CF-468). These were the two
predicate offenses supporting the AHC conviction. The circuit court accepted the petitioner’s
guilty plea as knowing and voluntary and, pursuant to the fully negotiated plea, sentenced
petitioner to six years in DOC and three years of MSR.
¶6 B. Direct Appeal
¶7 In March 2020, the petitioner filed a pro se petition for relief from judgment (see 735 ILCS
5/2-1401 (West 2018)), arguing his plea was not “intelligent”; he received ineffective assistance
of plea counsel; and his conviction had been rendered void by the supreme court’s decision in
People v. Aguilar, 2013 IL 112116, a decision that predated his conviction. The circuit court denied
the petition, and the petitioner appealed.
¶8 On direct appeal, the petitioner argued that his AHC conviction should be reversed as it
was based on an invalid statute. Petitioner argued that his conviction for AUUW in Macon County
case No. 09-CF-468 should be vacated because it was based on a facially unconstitutional statute
and the ab initio doctrine applied. See id. ¶ 22; People v. Burns, 2015 IL 117387, ¶ 32. The Fourth
District agreed and vacated the petitioner’s conviction for AUUW. People v. Shoulder, 2021 IL
App (4th) 200286-U, ¶ 18. Ultimately, the Fourth District reversed the petitioner’s conviction for
being an AHC where it was predicated on the void AUUW conviction. Id. ¶ 24.
¶9 C. Proceedings Following First Appeal
¶ 10 Following the mandate from the appellate court, the circuit court made a docket entry on
November 10, 2021, that the petitioner’s AHC conviction had been reversed by the Fourth District
appellate court. On June 8, 2022, the petitioner filed a petition for a COI, alleging he had met the
requirements set out in section 2-702(g) of the Civil Code: (1) he was convicted of being an AHC,
3 sentenced to 6 years plus 3 years’ MSR, and had served 3 years, 7 months, and 27 days in the
DOC; (2) his judgment of conviction was reversed where the statute upon which the information
was based violated the Constitution of the United States; (3) he was innocent of the offenses
charged in the information; and (4) he did not by his own conduct voluntarily cause or bring about
his conviction. 735 ILCS 5/2-702(g) (West 2022). On July 11, 2022, the petitioner filed a motion
to correct the record to show his conviction had been reversed. The State filed a response to the
COI petition, arguing the petitioner could not prove by a preponderance of the evidence that his
actions did not constitute the lesser-included offense of UUWF, nor could he prove that he did not
voluntarily bring about his conviction by pleading guilty.
¶ 11 After the petitioner filed his COI petition, the State filed an information charging two
counts of UUWF for the same offense but under slightly different theories. After the petitioner
filed a motion to dismiss, claiming the statute of limitations had tolled, the State moved to dismiss
the UUWF charges.
¶ 12 At the COI hearing, the petitioner asserted that he had met the first two statutory
requirements to obtain a COI. He contended that the State was barred by collateral estoppel from
arguing that his actions, as charged, constituted a lesser-included offense of UUWF because the
State previously made the same argument in his direct appeal and the Fourth District had rejected
it. In response, the State maintained the collateral estoppel doctrine did not apply because there
had been no final judgment on the merits of the argument that UUWF is a lesser-included offense
of being an AHC. The State also maintained that the petitioner could not prove by a preponderance
of the evidence that he was innocent of the offense charged in the information, where his actions
as charged constituted the lesser-included offense of UUWF, and that he voluntarily brought about
his conviction by voluntarily pleading guilty.
4 ¶ 13 The circuit court denied the petition for a COI, specifically finding that the petitioner was
not entitled to a COI because “unlawful possession of a weapon by a felon could certainly be a
lesser-included offense of aggravated—or armed habitual criminal and certainly could have been
charged as one in this case” and that the petitioner “could have been found guilty of a lesser version
of armed habitual criminal,” which would have barred the petitioner from obtaining a COI. The
circuit court also found the petitioner failed to show that by his acts or conduct he did not
voluntarily cause or bring about his conviction. The petitioner filed a timely appeal.
¶ 14 II. ANALYSIS
¶ 15 The petitioner claims that the circuit court erred in denying his petition for a COI where
UUWF is not a lesser-included offense of AHC and that the State was collaterally estopped from
making that argument. Alternatively, the petitioner contends that, assuming UUWF is a lesser-
included offense of AHC, he was entitled to a COI because he was not charged with or imprisoned
for UUWF. Finally, the petitioner contends that because he did not receive effective assistance of
plea counsel, he did not voluntarily cause or bring about his own conviction. The State maintains
that the petitioner cannot prove by a preponderance of the evidence that he is innocent of the
offense charged in the information, where his actions as charged constituted the lesser-included
offense of UUWF, and that he voluntarily brought about his conviction by voluntarily pleading
guilty.
¶ 16 Section 2-702 of the Civil Code provides a remedy for innocent persons who have been
wrongfully convicted and imprisoned for crimes in Illinois. Id. § 2-702(a). Thus, “[a]ny person
convicted and subsequently imprisoned for one or more felonies by the State of Illinois which he
or she did not commit may, under the conditions hereinafter provided, file a petition for certificate
of innocence in the circuit court.” Id. § 2-702(b). Where a petitioner has proven by a preponderance
5 of the evidence that he has met the elements needed to obtain a COI, subsection (h) provides that
the court “shall enter a certificate of innocence finding that the petitioner was innocent of all
offenses for which he or she was incarcerated.” Id. § 2-702(h). Where a petitioner obtains a
certificate of innocence, it is “all but certain that the petitioner can obtain a money judgment
against the State for wrongful incarceration.” People v. Moore, 2020 IL App (1st) 190435, ¶ 37.
¶ 17 At the outset, we note that the parties recognize the split of authority among the appellate
districts regarding the proper standard of review applicable to a circuit court’s ruling on a COI
petition. The State argues that an abuse of discretion is the appropriate standard. See People v.
Washington, 2023 IL 127952, ¶ 47. After the appeal was fully briefed, the petitioner filed a motion
to cite as additional authority a recent decision, People v. Morgan, 2025 IL 130626, wherein the
Illinois Supreme Court determined the appropriate standard of review in what is commonly known
as the Pretrial Fairness Act (Act) 1 (see 725 ILCS 5/art. 110 (West 2022)), amended by Public Act
101-652, § 10-255 (eff. Jan. 1, 2023). The Morgan court held that the proper standard of review
in appeals from factual decisions under the Act is the manifest weight of the evidence standard,
with de novo review being the proper standard in cases where the circuit court did not hear live
witness testimony. The petitioner urges this court to apply the same standard with respect to a
circuit court’s ruling on a COI petition, where the circuit court did not hear live witness testimony.
We need not determine which standard of review applies to the circuit court’s ruling on the COI
petition because the petitioner’s arguments on appeal require this court to interpret section 2-702
of the COI statute which is subject to a de novo review. People v. Palmer, 2021 IL 125621, ¶ 53
(“An issue of statutory construction presents a question of law that is subject to de novo review.”).
“Several provisions were subsequently amended again before the Act’s original effective date. See 1
Pub. Act 102-1104, § 70 (eff. Jan. 1, 2023) (amending various provisions of the Act); Rowe v. Raoul, 2023 IL 129248, ¶ 52 (setting the Act’s effective date as September 18, 2023).” Morgan, 2025 IL 130626, ¶ 1 n.1. 6 ¶ 18 When interpreting a statute, “[t]he most reliable indicator of legislative intent is the
language of the statute, given its plain and ordinary meaning.” People v. Clark, 2019 IL 122891,
¶ 20. The statute must be viewed by a reviewing court “as a whole, construing words and phrases
in light of other relevant statutory provisions and not in isolation.” Id. “Each word, clause, and
sentence of a statute must be given a reasonable meaning, if possible, and should not be rendered
superfluous.” Id. A reviewing court will presume that the legislature “did not intend absurd,
inconvenient, or unjust results.” Palmer, 2021 IL 125621, ¶ 53. In discerning legislative intent, a
reviewing court may consider “the purpose of the statute, the problems to be remedied, and the
consequences of interpreting the statute one way or another.” Id. Accordingly, the petitioner’s
motion to cite additional authority is denied.
¶ 19 A. Collateral Estoppel
¶ 20 Prior to addressing the merits of the petitioner’s appeal, we turn to the petitioner’s
contention that the State was collaterally estopped from asserting at the COI hearing that UUWF
was a lesser-included offense of AHC because the issue had been litigated and resolved against
the State in the petitioner’s direct appeal. See Shoulder, 2021 IL App (4th) 200286-U, ¶¶ 22-23.
The State responds that, although the issue was raised in the petitioner’s first appeal, the collateral
estoppel doctrine does not apply because there was no final judgment on the merits. We agree with
the State.
¶ 21 “ ‘Collateral estoppel is an equitable doctrine, the application of which precludes a party
from relitigating an issue decided in a prior proceeding.’ ” People v. Watkins-Romaine, 2025 IL
130618, ¶ 46 (quoting American Family Mutual Insurance Co. v. Savickas, 193 Ill. 2d 378, 387
(2000)).
7 “Collateral estoppel may be applied when the issue decided in the prior adjudication is
identical with the one presented in the current action, there was a final judgment on the
merits in the prior adjudication, and the party against whom estoppel is asserted was a party
to, or in privity with a party to, the prior adjudication.” Du Page Forklift Service, Inc. v.
Material Handling Services, Inc., 195 Ill. 2d 71, 77 (2001).
The doctrine of collateral estoppel applies not only to issues of fact but also to issues of law. Id. at
78.
¶ 22 In the petitioner’s first appeal, the State conceded that the petitioner’s AHC conviction
could not stand following Aguilar but argued that his conviction should be reduced to the lesser-
included offense of UUWF where it was uncontested the petitioner possessed a gun after
previously having been convicted of a felony in the second Macon County case. Shoulder, 2021
IL App (4th) 200286-U, ¶¶ 22-24. In support of its argument, the State cited a single case, People
v. Crosby, 2017 IL App (1st) 121645, which the Fourth District found did not support the State’s
argument. Shoulder, 2021 IL App (4th) 200286-U, ¶ 23. Because the Fourth District did not find
Crosby supportive of the State’s argument, and the State had failed to cite any additional authority
for its argument, the court rejected the State’s argument for failure to comply with Illinois Supreme
Court Rule 341(h)(7) (eff. Oct. 1, 2020). Shoulder, 2021 IL App (4th) 200286-U, ¶ 23; see People
v. Hood, 210 Ill. App. 3d 743, 746 (1991) (mere contentions, without argument or citation of
authority, do not merit consideration on appeal). Accordingly, because there was no final judgment
on the merits concerning this issue, we find the State was not collaterally estopped from asserting
that UUWF is a lesser-included offense of AHC.
8 ¶ 23 B. Lesser-Included Offense
¶ 24 Turning to the merits, the petitioner argues that UUWF is not a lesser-included offense of
AHC, and even if it were, he was not charged with UUWF. The State maintains the circuit court
was correct in finding that UUWF is a lesser-included offense of AHC. However, the State
misapprehends the circuit court’s findings. The circuit court merely found that UUWF could be a
lesser-included offense of AHC; UUWF could have been charged in this case; and the petitioner
could have been found guilty of the lesser-included offense. But that is not what happened here.
The petitioner was not charged with UUWF and was not found guilty of UUWF. The State alone
has exclusive discretion to decide what charges to bring against a defendant, and, here, the only
conduct it chose to charge was a single count of being an AHC. See People v. Jamison, 197 Ill. 2d
135, 162 (2001); People v. White, 2011 IL 109616, ¶ 25.
¶ 25 As to whether UUWF is a lesser-included offense of being an AHC, the petitioner
maintains that Illinois courts apply the “charging instrument” approach in determining whether a
defendant is entitled to a jury instruction on a lesser-included offense, while the “abstract
elements” approach is applied by courts in determining whether multiple convictions may be
entered on charged offenses. See People v. Miller, 238 Ill. 2d 161, 173 (2010). The petitioner urges
this court to apply the “abstract elements” approach as applied in People v. Novak, 163 Ill. 2d 93,
108 (1994), abrogated by People v. Kolton, 219 Ill. 2d 353 (2006), utilized in determining whether
the defendant was entitled to a lesser-included offense jury instruction. The State, on the other
hand, urges this court to apply the “charging instrument” approach applied in People v. Davis, 213
Ill. 2d 459, 475-76 (2004), where the Illinois Supreme Court determined this test should be applied
in deciding when one charge is a lesser-included offense to another charge for the purpose of
instructing a jury on that offense. We decline the parties’ invitation to adopt either approach as the
9 parties do not cite, nor are we aware of, any legal authority governing the approach to be applied
in the context of a COI determination.
¶ 26 Subsection (g) sets forth the requirements a petitioner must prove by a preponderance of
the evidence in order to obtain a COI:
“(1) the petitioner was convicted of one or more felonies by the State of
Illinois and subsequently sentenced to a term of imprisonment, and has served all
or any part of the sentence;
(2)(A) the judgment of conviction was reversed or vacated, and the
indictment or information dismissed or, if a new trial was ordered, either the
petitioner was found not guilty at the new trial or the petitioner was not retried and
the indictment or information dismissed; or (B) the statute, or application thereof,
on which the indictment or information was based violated the Constitution of the
United States or the State of Illinois;
(3) the petitioner is innocent of the offenses charged in the indictment or
information or his or her acts or omissions charged in the indictment or information
did not constitute a felony or misdemeanor against the State; and
(4) the petitioner did not by his or her own conduct voluntarily cause or
bring about his or her conviction.” 735 ILCS 5/2-702(g) (West 2022).
¶ 27 According to the State, the plain language of section 2-702 requires a petitioner to establish
his innocence as to all offenses charged in the information as well as any lesser-included offenses.
However, the language in the statute makes no reference to lesser-included offenses.
“[A reviewing] court is not free to depart from the plain language and meaning of the statute
by reading into it exceptions, limitations, or conditions that the legislature did not express
10 [citations], nor is it necessary for the court to search for any subtle or not readily apparent
intention of the legislature.” People v. Woodard, 175 Ill. 2d 435, 443 (1997).
¶ 28 The State cites People v. Warner, 2022 IL App (1st) 210260, for the proposition that a
petitioner seeking a COI is required to prove he is innocent of all offenses charged in the
information as well as any lesser-included offense. The petitioner cites People v. Green, 2024 IL
App (2d) 220328, for the proposition that a petitioner seeking a COI must establish innocence of
only the offense for which he was convicted and imprisoned.
¶ 29 Warner and Green addressed the meaning and effect of the dismissal of charges
nolle prosequi following a guilty plea in the context of a COI petition. In Warner, the petitioner,
pursuant to the terms of a negotiated plea agreement, pled guilty to one count of AUUW in
exchange for the State’s agreement to nol-pros seven remaining counts. Warner, 2022 IL App (1st)
210260, ¶ 42. After his conviction was vacated, the petitioner sought a COI, which the trial court
denied. Id. ¶ 1. The Warner court affirmed, holding that in order for the petitioner to obtain a COI,
he “was required to show his innocence as to the offenses charged in the information including
those that were nol-prossed pursuant to the negotiated plea agreement.” Id. ¶ 42. The Warner court
based its reasoning, in part, on People v. Whitfield, 217 Ill. 2d 177, 190 (2005) (where a defendant
enters a negotiated plea of guilty in exchange for specified benefits, “both the State and the
defendant must be bound by the terms of the agreement” (emphasis in original)).
¶ 30 In Green, the petitioner, pursuant to a fully negotiated plea agreement, agreed to plead
guilty to one count of AUUW in exchange for a two-year sentence and the dismissal nolle prosequi
of all other counts charged in the indictment. Green, 2024 IL App (2d) 220328, ¶ 3. The Green
court reasoned that charges dismissed through nolle prosequi reverts the matter to the same
condition that existed before the commencement of the prosecution, resulting in the lack of
11 pending criminal charges against the petitioner. Id. ¶ 29. Thus, the Green court held the petitioner
was not required to establish that he was actually innocent of charges that had been nol-prossed by
the State as part of the negotiated plea agreement. Id. ¶ 30.
¶ 31 In the instant matter, unlike in Warner and Green, there were no charges dismissed
nolle prosequi pursuant to the negotiated plea agreement. The terms of the petitioner’s plea
agreement allowed him to plead guilty to a sole count of being an AHC in exchange for a minimum
sentence. After the petitioner’s AHC conviction was reversed because it was predicated on the
void AUUW conviction, there were no other charges for which the petitioner was required to prove
his innocence. See id. (“It is innocence of this charge, the one charge for which defendant was
incarcerated, that defendant must prove.”). Moreover, neither Warner nor Green stood for the
proposition that to obtain a COI, a petitioner must prove he is innocent both of the offense charged
as well as any lesser-included offense. Accordingly, we reject the State’s argument that a petitioner
must prove he is innocent of a lesser-included offense in order to obtain a COI.
¶ 32 In reaching our conclusion, we find guidance in the Illinois Supreme Court’s decisions in
Palmer, 2021 IL 125621, and Washington, 2023 IL 127952. As the Green court noted:
“Our supreme court has consistently applied a broad reading to section 2-
702 to further this legislative intent. In Palmer, the court found that ‘the legislature
plainly stated its intent to ameliorate, not impose, technical and substantive
obstacles to petitioners seeking relief from a wrongful conviction.’ (Emphasis
added.) 2021 IL 125621, ¶ 68. In People v. Washington, 2023 IL 127952, the
supreme court cited approvingly the decision in People v. Glenn, 2018 IL App (1st)
161331, where the appellate court ‘employed an expansive reading of the statute’
and ‘interpreted the term imprisonment to include petitioners who were sentenced
12 to probation,’ noting that the Glenn court concluded that ‘its broad interpretation
preserved the intent of the statute “to seek relief from the State for wrongful
imprisonment.” ’ Washington, 2023 IL 127952, ¶ 32 (quoting Glenn, 2018 IL App
(1st) 161331, ¶ 20).” Green, 2024 IL App (2d) 220328, ¶ 20.
While the facts in Green are not identical, we find the court’s reasoning to be persuasive.
¶ 33 In Palmer, our state supreme court noted that “section 2-702 authorizes any person
convicted and subsequently imprisoned for a crime that they did not commit to file a petition
seeking a certificate of innocence finding that the petitioner was innocent of all offenses for which
they were incarcerated.” (Emphasis added.) Palmer, 2021 IL 125621, ¶ 55; 735 ILCS 5/2-702(b)
(West 2022). The Palmer court ultimately held that subsection “(g)(3) requires a petitioner to
prove by a preponderance of the evidence his or her innocence of the offense as it was charged in
the indictment or information that resulted in the wrongful criminal conviction.” Palmer, 2021 IL
125621, ¶ 72.
¶ 34 The State next contends the petitioner is not entitled to a COI because subsection (g)(3)
clearly indicates the legislative intent that petitioners seeking a COI must prove their actions as
charged in the indictment or information did not constitute a crime. The AHC statute provides that
a person commits the offense of being an armed habitual criminal if he possesses a firearm after
having been convicted of two qualifying offenses. 720 ILCS 5/24-1.7(a) (West 2016). Once the
petitioner’s conviction for AUUW was vacated and was no longer eligible to serve as a predicate
offense supporting the AHC conviction, the only action alleged in the information was that the
petitioner possessed a firearm after having been convicted of one qualifying offense. Examining
the language in the AHC statute, we cannot say that the petitioner’s actions as charged in the
13 information constituted a crime. As we previously noted, the State could have charged the
petitioner with UUWF but chose not to do so.
¶ 35 Finally, the State maintains that the petitioner cannot prove by a preponderance of the
evidence that he did not bring about or cause his own conviction by pleading guilty. 735 ILCS 5/2-
702(g)(4) (West 2022). In Washington, the Illinois Supreme Court held that a guilty plea does not
categorically preclude a COI. Washington, 2023 IL 127952, ¶ 62. The State contends that the
holding in Washington in no way obviates the long-standing case law set forth in People v. Jones,
2021 IL 126432, ¶ 20, that by entering into a guilty plea, a defendant forecloses any claim of error
because a voluntary guilty plea waives all nonjurisdictional errors or irregularities, including
constitutional ones. However, applying the State’s logic would result in a categorical bar
precluding petitioners who had pled guilty from receiving a COI in every case in contravention of
the supreme court’s decision in Washington. Instead, to determine whether a petitioner brought
about his conviction, a reviewing court looks to the voluntariness of the plea. Washington, 2023
IL 127952, ¶ 30. A determination of “voluntariness should be made considering the totality of the
circumstances on a case-by-case basis in light of the remedial purpose of the statute.” Id. ¶ 42.
¶ 36 As previously noted, the purpose of the COI statute is to provide a remedy for innocent
persons who have been wrongfully convicted and imprisoned for crimes in Illinois. 735 ILCS 5/2-
702(a) (West 2022). Here, the petitioner was wrongfully convicted for being an AHC where his
conviction was predicated on the void AUUW conviction. In Aguilar and Burns, the supreme court
determined the section of the AUUW statute under which the petitioner had been charged was
facially unconstitutional under the second amendment. Shoulder, 2021 IL App (4th) 200286-U,
¶ 14. Where a statute is found facially unconstitutional, the ab initio doctrine is implicated,
meaning it was void from the beginning. People v. Holmes, 2017 IL 120407, ¶ 12. A conviction
14 from a facially unconstitutional statute “must be treated by the courts as if it did not exist, and it
cannot be used for any purpose under any circumstance.” In re N.G., 2018 IL 121939, ¶ 36.
Accordingly, we find the petitioner could not have brought about or caused his own conviction by
pleading guilty to the AHC charge that was predicated on a crime that our supreme court ruled did
not exist. See Aguilar, 2013 IL 112116, ¶ 22.
¶ 37 Under the facts of this case, we find the petitioner is entitled to a certificate of innocence
because he has satisfied all four statutory prerequisites. See 735 ILCS 5/2-702(g)(1)-(4) (West
2022). Thus, we need not address the petitioner’s ineffective assistance of counsel claim.
¶ 38 III. CONCLUSION
¶ 39 We reverse the judgment of the circuit court and remand with directions to enter an order
granting the petitioner’s petition for certificate of innocence.
¶ 40 Reversed and remanded with directions.
15 People v. Shoulder, 2025 IL App (5th) 240016
Decision Under Review: Appeal from the Circuit Court of Macon County, No. 18-CF- 314; the Hon. Thomas E. Griffith, Judge, presiding.
Attorneys Stephen L. Richards, of Chicago, for appellant. for Appellant:
Attorneys Scott Rueter, State’s Attorney, of Decatur (Patrick Delfino, for Edward R. Psenicka, and Diane L. Campbell, of State’s Appellee: Attorneys Appellate Prosecutor’s Office, of counsel), for the People.