People v.Wallace 

Illinois Appellate Court
Criminal Court
Service
Citation
Case Number: 
No. 2-08-0898
Decision Date: 
Wednesday, November 3, 2010
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Vacated and remanded.
Justice: 
BOWMAN
Defendant, convicted upon guilty plea of drug offense, filed Section 2-1401 petition two years later, alleging ineffective assistance of counsel during plea proceedings. Defendant filed petition with court but did not serve the State with petition by certified or registered mail. Proper remedy for improper service of Section 2-1401 petition asserting ineffective assistance of counsel is the quashing of service, not the dismissal of the petition, as such service error is a technical error. (O'MALLEY and HUDSON, concurring.)