People v. Smith

Defendant was convicted, after 2 separate bench trials, of aggravated battery with a firearm and being an armed habitual criminal. Defendant failed to properly serve State with his Section 2-1401 petition for relief from judgment, as he served it by regular mail, rather than by summons, certified or registered mail, or by publication, as is required for a Section 2-1401 petition. State first raised issue of personal jurisdiction in its combined motion to dismiss. As court determined that there was no personal jurisdiction over the State, due to Defendant's improper service, court has no power to dismiss petition on the merits. (SCHMIDT and WRIGHT, concurring.)