Legal Opinion

People v. Higuera

Appellate Court of Illinois

Decided July 3, 2019No. Appeal 3-18-0730UnpublishedCited by 2 opinions

1Opinion of the CourtJustice Carter

*51 ¶ 1 The State appeals following the trial court's vacatur of a judgment entered on the forfeiture of defendant's bond. It argues that the court was without jurisdiction to vacate the more than three-year-old judgment. We agree and vacate the trial court's order as void.

¶ 2 I. BACKGROUND

¶ 3 Defendant, Fernando Higuera Jr., pled guilty to driving while license suspended ( 625 ILCS 5/6-303 (West 2014) ) on August 12, 2014. Defendant subsequently failed to appear at his sentencing hearing on October 28, 2014. The trial court ordered the forfeiture of defendant's bond as *52 *1131 well as a bench…

2Cases cited4 opinions

  1. People v. MontaigneAppellate Court of Illinois · 1980
  2. People v. CanacciniAppellate Court of Illinois · 1977
  3. People v. TaylorAppellate Court of Illinois · 2013
  4. People v. WilsonAppellate Court of Illinois · 1990

3Cited by2 opinions

  1. People v. HigueraAppellate Court of Illinois · 2019
  2. People v. McCainAppellate Court of Illinois · 2025

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