Illinois Appellate Court
Criminal Court
Postconviction Petitions
Court's dismissal on the merits of Defendant's pro se petition which was, in substance, a Section 2-1401 petition for relief from judgment was premature, as it occurred before the expiration of State's 30 days to answer or otherwise plead. Although Defendant never affirmatively demonstrated insufficient service of petition, it is presumed that State was properly served. (SCHOSTOK and BIRKETT, concurring.)