People v. Needham

Defendant was convicted of armed violence and 2 counts of aggravated battery.  The aggravated battery convictions were merged into the armed-violence conviction, and Defendant was sentenced to 22 years.  Court properly dismissed sua sponte Defendant's pro se "motion", which was in effect a Section 2-1401 petition for relief from judgment. Deficient service invalidates a sua sponte dismissal as premature, but burden is on Defendant to affirmatively show that the State was not given proper notice. Defendant failed to affirmatively establish that service was deficient. (SCHOSTOCK and BIRKETT, concurring.)