People v. Donley

Illinois Appellate Court
Criminal Court
Relief from Judgment
Citation
Case Number: 
2015 IL App (4th) 130223
Decision Date: 
Thursday, March 26, 2015
District: 
4th Dist.
Division/County: 
Livingston Co.
Holding: 
Affirmed.
Justice: 
STEIGMANN
Defendant was convicted, after bench trial, of first degree murder of his wife in 1996. Court properly dismissed, sua sponte, his two 2-1401 petitions for relief from judgment as untimely. Defendant cannot rely on his failure to serve State properly with his petitions as basis to seek reversal of court's order. (POPE and HARRIS, concurring.)