Motion To Reverse Crim Damage

[pass23431]

What is the name of your state? ILLINOIS

My boyfriend was recently convicted, and I beleive wrongfully so, on a criminal damage to property. In a related hearing pertaining to the monetary amount of said damage, the judge found that the victims in the case lied about having repairs done, and found my boyfriend would owe them nothing due to perjury on the part of the victims. He was convicted on the victims testimony only, and the judge even remarked on this. Is this not now, a confliction of rulings? If the victim's perjury caused the judge to rule no monetary damage, how can there be damage at all? Is there a motion he can file to overturn the first ruling? Can he get the conviction itself overturned on the basis of the perjury? The judge left us feeling like the ball was in our court, and even made the remark, on the record, that it was "Christmas in June" What is our next step? We are pro-se and will do all necessary filings ourselves. Any Advice From Anyone?

 

[JETX]

"Is this not now, a confliction of rulings?"
*** No. He was convicted on doing the damage. That has nothing with the victims lying about the 'repairs' (presumably the value, correct??).
The two are not related.

 

[amc822]

You can file an appeal based on either a procedural or substantive legal issue but based on your question I wouldn't recommend doing it pro se. An attorney for an appeal will be pretty expensive. Additionally there is a limited amount of time after the conviction to file a notice of appeal.

 

[hexeliebe]

You can file an appeal based on either a procedural or substantive legal issue but based on your question I wouldn't recommend doing it pro se.

Actually, on reversable error. And based on what the original poster stated, there is no reversable error.

What will have to happen is that charges be brought against the plaintiffs for perjury, they need to be found guilty then the defendent can return to the court and ask for the conviction to be set aside based on the perjury conviction.

Otherwise, there is no basis for an appeal based on what is stated in the original post.

I'll wait however, for JetX to reply.