People v. Carter

This case presents question as to whether trial court properly dismissed on its merits defendant’s section 2-1401 petition challenging his 25-year firearm enhancement on his sentence. Appellate Court found that said sua sponte dismissal was premature, where record showed that petition had not been properly served on state. Record showed that defendant had mailed said petition via regular mail, as opposed to required certified mail, and although Assistant State’s Attorney was present in court at time of said dismissal, Appellate Court found that defendant’s failure to effect proper service meant that state was required to formally waive said service before trial court could dismiss petition. In its petition for leave to appeal, state argued, among other things, that defendant could not take advantage of his own failure to properly serve state.