People v. Kruger

Illinois Appellate Court
Criminal Court
Dismissal
Citation
Case Number: 
2015 IL App (4th) 131080
Decision Date: 
Wednesday, August 5, 2015
District: 
4th Dist.
Division/County: 
Vermilion Co.
Holding: 
Motion to withdraw denied.
Justice: 
TURNER
Defendant filed pro se petition for relief from judgment per Section 2-1401 of code of Civil Procedure. One-year period for refiling applies even if statute of limitations has already expired. A dismissal for want of prosecution is not final and appealable. Court entered dismissal for want of prosecution but found matter was ripe for adjudication and sua sponte denied Defendant's Section 2-1401 petition on the merits. Appellate defenders' motion to withdraw focused solely on dismissal finding and did not address denial of petition on the merits, court denies their motion to withdraw without prejudice. (POPE and STEIGMANN, concurring.)