People v. Stewart

(Modified upon denial of rehearing.) Court erred in granting State's motion to dismiss Defendant's Section 2-1401 petition. As court recharacterized Defendant's pro se pleading as a successive postconviction petition, court erred in failing to admonish Defendant that it was doing so, and in failing to admonish Defendant that the petition would be subject to the strictures of the Post-Conviction Hearing Act., and erred in failing to give Defendant an opportunity to withdraw or amend his pleading. (LYTTON, concurring; SCHMIDT, dissenting.)