People v. Munson

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2018 IL App (3d) 150544
Decision Date: 
Tuesday, March 27, 2018
District: 
3d Dist.
Division/County: 
LaSalle Co.
Holding: 
Vacated and remanded with directions.
Justice: 
McDADE

Defendant was convicted of unlawful possession of a controlled substance with intent to deliver and sentenced to 40 years. Court improperly allowed and considered State's objection to Defendant's motion for leave to file a successive postconviction position. Court must conduct independent inquiry, without input from State, into whether motion should be granted. (LYTTON and O'BRIEN, concurring.)