Defendant was convicted of armed violence in 2010. Defendant filed petition for relief form judgment under Section 2-1401. Absent a specific motion, responsive pleading, or explicit statement of waiver of service, State does not waive objection to improper service. Allowing State's presence in court to amount to a waiver of service would contradict the purpose of removing the general-appearance provision from Section 2-301. Court prematurely dismissed Section 2-1401 petition, as petition was not properly served. (Defendant had asked court to waive requirement that he serve State's Attorney by certified mail, as he was indigent; State filed no formal appearance or response to petition. State appeared in court but was silent.)(SCHOSTOK and BIRKETT, concurring.)
Illinois Appellate Court
Criminal Court
Relief from Judgment