People .v Valladares

Defendant sought leave to file a successive post-conviction petition in which he argued that he was entitled to be re-sentenced after he was able to successfully vacate a prior conviction, which was found to be void, and that the trial court had relied on the void conviction in sentencing him. The circuit court denied him leave to file and defendant appealed. The appellate court reversed and remanded, finding that the circuit court erred in denying him leave to file his petition and that the record contained all available evidence necessary to establish defendant’s claim. (PUCINSKI, concurring and GAMRATH, specially concurring)