People v. Kane

Defendant entered open guilty plea to escape, having fled from police car while being driven to bond court, and was sentenced as Class X offender to 20 years in prison; court denied his motion to reconsider his sentence. Defendant filed Section 2-1401 petition, alleging that in sentencing him court had relied on grand jury testimony that was later proved false; court dismissed his petition. Court did not abuse its discretion in denying motion to reconsider sentence, in discounting Defendant's unsworn assertion that his altercation with police officer, in a different case, did not occur exactly as officer described it, as court considered his lengthy and serious criminal history and serious nature of escape offense. Court improperly dismissed Section 2-1401 petition, as court and parties improperly treated petition as a second motion to reconsider sentence, and court improperly relied on personal recollection of sentencing hearing and hearing on motion to reconsider. (ZENOFF and HUTCHINSON, concurring.)