Illinois Appellate Court
Criminal Court
Relief from Judgment
Defendant pled guilty to predatory criminal sexual assault of a child, and was sentenced to 18 years. Defendant filed pro se, after 2-year limitation period, Section 2-1401 petition for relief from judgment, which was delivered to the State by standard U.S. mail. Court granted State's motion to dismiss on basis of lack of jurisdiction. As Defendant was not prejudiced by dismissal, the dismissal is not considered a final, appealable order, such that appellate court is without jurisdiction to hear appeal.(LYTTON and CARTER, concurring.)