People v. Garry

Defendant was convicted, after jury trial in 1999, of home invasion, armed robbery, and armed violence. In 2001, Defendant file pro se postconviction petition, which court dismissed. In 2015, Defendant filed 2-1401 petition for relief from judgment. Defendant should not be able to benefit from his own failure to properly serve the State with his petition. Defendant's petition was untimely, as it was filed more than 2 years of the challenged judgment. Court had authority to dismiss petiton sua sponte, and State's 30-day time to respond had not run because Defendant failed to properly serve State. (APPLETON and KNECHT, concurring.)