People v. Stoffel 

Illinois Supreme Court
Criminal Court
Sentencing
Postconviction Petitions
Citation
Case Number: 
No. 108500
Decision Date: 
Thursday, December 23, 2010
District: 
5th Dist.
Division/County: 
Fayette Co.
Holding: 
Appellate court affirmed as modified; remanded with instructions.
Justice: 
BURKE
A circuit court has no obligation to recharacterize a pro se pleading as a postconviction petition, and a decision not to do so is not reviewable for error. The legislature did not intend to exclude the weight of byproducts produced during the manufacture of methamphetamine from the total weight used in determining sentence for methamphetamine manufacture. (FREEMAN, THOMAS, and THEIS, concurring; KARMEIER, KILBRIDE, and GARMAN, dissenting.)