People v. Minniefield

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2015 IL App (1st) 141094
Decision Date: 
Friday, August 14, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON
Court entered order striking Defendant's pro se document entitled "Motion to Vacate Conviction/Sentence as Void". On appeal, Defendant characterizes his Motion as a Section 2-1401 petition, and concedes that he chose incorrect vehicle to present his claims. Court did not err in not recharacterizing Defendant's Motion, which set forth only one claim, as a successive postconviction petition, in light of consequences to Defendant that such a recharacterization would have. (PALMER and REYES, concurring.)