People v. Nitz

Illinois Appellate Court
Criminal Court
Notice
Citation
Case Number: 
2012 IL App (2d) 091165
Decision Date: 
Monday, June 18, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed as modified.
Justice: 
ZENOFF
Defendant was convicted of theft and sentenced to 12 years imprisonment. Sua sponte dismissal of Section 2-1401 petition for relief from judgment was proper, as court did not have before it a proper pleading, as Defendant failed to give State notice of filing of petition, but dismissal should have been without prejudice. (HUTCHINSON and HUDSON, concurring.)