People v. Miller

Illinois Appellate Court
Criminal Court
Relief from Judgment
Citation
Case Number: 
2012 IL App (5th) 110201
Decision Date: 
Monday, December 10, 2012
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Judgment vacated; remanded.
Justice: 
WEXSTTEN
Defendant filed Section 2-1401 pro se petition for relief from judgment. Court improperly dismissed petition sua sponte on grounds of failure to give State proper notice of filing of petition, as it was not ripe for adjudication, and remand is proper remedy to allow time for service. (WELCH and CHAPMAN, concurring.)