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PEOPLE v. HELGESEN

No. 2-02-0879.

807 N.E.2d 718 (2004)

347 Ill. App.3d 672

283 Ill.Dec. 113

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sean R. HELGESEN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

April 5, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Paul Alexander Rogers (Court-appointed), Office of the State Appellate Defender, Elgin, for Sean R. Helgesen.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Diane L. Campbell, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice McLAREN delivered the opinion of the court:

Defendant, Sean R. Helgesen, appeals the summary dismissal under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2002)) of his "Motion to Vacate Void Judgment." Defendant contends that the trial court should have treated the motion as a petition under section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2002)), which contains no provisions for summary dismissal...

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