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Jose Barriga

Other Illinois Exonerations for Weapon Possession or Sale
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On May 15, 2012, Chicago police arrested 17-year-old Jose Barriga and charged him with aggravated unlawful use of a firearm.

On February 21, 2013, Barriga pled guilty to the charge in Cook County Circuit Court. He was sentenced to one year in prison. He was released on August 16, 2013.

In September 2013, the Illinois Supreme Court ruled in People v. Aguilar that the portion of the statute under which Barriga had been convicted was unconstitutional. The statute said that a person committed the offense of aggravated unlawful use of a weapon when a person “carries on or about his person or in any vehicle or concealed on or about his person except when on his land or in his abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm and the firearm is uncased, loaded and immediately accessible.”

The court held that this portion of the statute violated the right to keep and bear arms as guaranteed by the Second Amendment.

In 2020, attorney Joel Flaxman filed a motion to vacate Barriga’s conviction based on the Aguilar ruling. By that time, Barriga was serving a 15-year prison sentence after being convicted of attempted murder, unrelated to his 2013 firearm conviction. On October 23, 2020, the motion was granted. Barriga’s 2013 conviction was vacated, and the charge was dismissed.

Flaxman filed a motion for a certificate of innocence on the dismissed charge. On November 23, 2020, Chief Cook County Criminal Court Judge Leroy Martin Jr. granted the motion.

Barriga subsequently filed a claim with the Illinois Court of Claims seeking compensation. In May 2021, he was awarded $30,000.

– Maurice Possley

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Posting Date: 4/8/2022
Last Updated: 8/1/2022
State:Illinois
County:Cook
Most Serious Crime:Weapon Possession or Sale
Additional Convictions:
Reported Crime Date:2012
Convicted:2013
Exonerated:2020
Sentence:1 year
Race/Ethnicity:Hispanic
Sex:Male
Age at the date of reported crime:17
Contributing Factors:
Did DNA evidence contribute to the exoneration?:No