Illinois Appellate Court
Criminal Court
Relief from Judgment
Court properly dismissed sua sponte Defendant's petition for relief from judgment per Section 2-1401 of Code of Civil Procedure. Defendant objected to his own failure to properly serve the State with notice of his Section 2-1401 petition, and State responded that although Defendant failed to comply with Rule 105, it had actual notice of petition which was sent by regular mail, and was present at two hearings after petition was filed. Defendant lacks standing to raise issue as to State's receipt of service. (LYTTON and SCHMIDT, concurring.)