People v. Begay

2018 IL App (1st) 150446 No. 1-15-0446 Opinion filed June 28, 2018 FOURTH DIVISION IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court ILLINOIS, ) of Cook County. ) Plaintiff-Appellee, ) ) v. ) No. 08 CR 1570201 ) SALVADOR BEGAY, ) The Honorable ) John J. Hynes, Defendant-Appellant. ) Judge, presiding. JUSTICE GORDON delivered the judgment of the court, with opinion. Presiding Justice Burke and Justice Ellis concurred in the judgment and opinion. OPINION ¶1 Petitioner Salvador Begay was convicted after a jury trial of aggravated criminal sexual abuse and sentenced to three years of felony probation, with the first 90 days being served with the Cook County Department of Corrections. See People v. Begay, 2013 IL App (1st) 102216-U, ¶¶ 2, 17. No supervised release period was provided. This court affirmed his conviction on March 8, 2013 (Begay, 2013 IL App (1st) 102216-U, ¶ 1), and his probation terminated satisfactorily on July 3, 2013. No. 1-15-0446 ¶2 Five months after the satisfactory termination of his probation, he filed a postconviction petition, which the trial court dismissed for lack of jurisdiction. In denying his motion to reconsider, the trial court found that the petition did not “even get to the first stage” due to its lack of jurisdiction and that his counsel’s characterization of the dismissal as a first- stage dismissal was incorrect. ¶3 Petitioner now appeals the dismissal, claiming (1) that this was a first-stage summary dismissal and the trial court erred in entering it since first-stage dismissals are prohibited after 90 days and this dismissal occurred more than 90 days after the petition was filed and (2) that petitioner had standing to file a postconviction petition, although he had completed his sentence of probation, since he was still required to register as a sex offender. ¶4 For the following reasons we affirm. ¶5 BACKGROUND ¶6 Since we are faced with a purely legal question on this appeal and since we already set forth in detail the facts of the underlying offense in our prior order, we incorporate that prior order by reference. Begay, 2013 IL App (1st) 102216-U, ¶¶ 2-17. ¶7 As noted above, petitioner was convicted after a jury trial of aggravated criminal sexual abuse and sentenced to three years of felony probation. Begay, 2013 IL App (1st) 102216-U, ¶ 2. A “Termination Order,” dated July 3, 2013, states that petitioner complied with the conditions of his probation and that “the period of probation is terminated.” ¶8 On May 21, 2014, petitioner’s counsel, filed a “Notice of Motion,” that stated: “On Friday, May 23, 2014, at 9:30 a.m., or as soon thereafter as counsel may be heard, I shall appear before the Honorable [trial judge], or any judge sitting in his 2 No. 1-15-0446 stead, in Courtroom 110 of the Cook County Courthouse at [address] in Bridgeview, Illinois, and then and there inform him of the status of the post-conviction petition filed in this cause ...

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