People v. Warr

These cases, together with People v. Davis (1973), 54 Ill. 2d 494, involve collateral attacks on misdemeanor convictions. Each case was dismissed because the right remedy had not been invoked. The issue in each case, therefore, is not whether the constitutional rights of the defendant were violated, but whether the defendant is entitled to an opportunity to show that they were. Because that question must be answered affirmatively, we reverse.

David Warr was arrested in possession of a stolen automobile on July 15, 1969. The police charged him with theft of property exceeding $150 in value, a…