People v. Rolfe

Defendant was convicted, after jury trial, of first-degree murder, and sentenced to 50 years.Defendant filed Section 2-1401 petition for relief from judgment. Proof of service says that it was mailed from Stateville Correctional Center, to be mailed to clerk of circuit court, but says nothing about serving petition on State. Thus, there was no legally effective service, and the 30-day period has not begun to run.No basis in record to reverse court's sua sponte dismissal of petition. Defendant did not affirmatively demonstrate error by proceedings of record, and he never asked court to reconsider its decision on ground that he had not yet served the State. (TURNER and STEIGMANN, concurring.)