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PEOPLE v. MESCALL

No. 2-03-0185.

808 N.E.2d 1101 (2004)

347 Ill. App.3d 995

283 Ill.Dec. 813

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Thomas R. MESCALL, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied May 28, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Dev A. Parikh (Court-appointed), Office of the State Appellate Defender, Elgin, for Thomas R. Mescall.

Roger T. Russell, Boone County State's Attorney, Belvidere, Martin P. Moltz, Deputy Director, Joan M. Kripke, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice BYRNE delivered the opinion of the court:

Defendant, Thomas R. Mescall, appeals from the dismissal of his petition pursuant to section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2002)), in which he sought relief from an allegedly void sentence. He contends that the trial court erred in dismissing his petition sua sponte and without notice to him. We agree, and thus we vacate the dismissal. Also, defendant asserts for the first...

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