A new rule should be applied retroactively if it places certain kinds of primary, private individual conduct beyond the power of the criminal law-making authority to proscribe. A new rule should be applied retroactively if it requires the observance of those procedures that are implicit in the concept of ordered liberty. Neither of those exceptions applies in this case. In fact, the statute held unconstitutional on technical grounds in Pitts was reenacted in Public Act 90-593. For the foregoing reasons, we reaffirm our previous order that defendant should not be granted leave to file a motion for leave to withdraw guilty plea.
Defendant raises no issue regarding sentencing.