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PEOPLE v. ANDERSON

No. 1-03-1615.

817 N.E.2d 1000 (2004)

352 Ill. App.3d 934

288 Ill.Dec. 350

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Clifford ANDERSON, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

September 27, 2004.

Attorney(s) appearing for the Case

Michael Pelletier, Michael H. Orenstein, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, Renee Goldfarb, Alan J. Spellberg, Judy L. DeAngelis, Office of the Cook County State's Attorney, Chicago, for Appellee.

Justice GORDON delivered the judgment of the court and the following opinion:

Petitioner, Clifford Anderson, appeals the summary dismissal of his "Motion to Vacate Unconstitutional and Void Judgments," which he characterizes as a motion for relief under section 2-1401 of the Code of Civil Procedure (hereinafter Code). 735 ILCS 5/2-1401 (West 2002). Petitioner contends that the circuit court did not have authority to summarily dismiss this kind of

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