People v. Allen

Defendant was convicted, after jury trial, of 2 counts of aggravated battery, and sentenced to 2 concurrent terms of 22 years. While Defendant's direct appeal was pending, Defendant filed section 2-1401 petition for relief from judgment, raising claims as to his sentencing. Court granted State's motion to dismiss the petition without a hearing. Core principle of due process, that of being afforded a meaningful opportunity to respond, was abrogated when court granted State's motion to dismiss without giving Defendant the opportunity to respond. (HOLDRIDGE and O'BRIEN, concurring.)