People v. Jones

Illinois Appellate Court
Criminal Court
Relief from Judgment
Citation
Case Number: 
2015 IL App (1st) 133123
Decision Date: 
Thursday, December 31, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON

Defendant pled guilty to possession of heroin in 3 cases. Court properly dismissed, sua sponte, Defendant's Section 2-1401 petition for relief from judgment, on grounds of untimeliness and that claims failed on the merits.  Defendant claimed that dismissal was improper because petition was not properly served on State and because State had not waived proper notice.  Defendant failed to satisfy his burden to present sufficient record showing that his means of service was improper. The absence of a certified mail receipt does not necessarily establish a failure to serve by certified mail.(REYES and PALMER, concurring.)