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PEOPLE v. RYBURN

No. 4-04-0836.

884 N.E.2d 1178 (2008)

378 Ill. App.3d 972

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Thomas V. RYBURN, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

February 7, 2008.

Attorney(s) appearing for the Case

Charles M. Schiedel and Allen H. Andrews, State Appellate Defender's Office, Springfield, for Appellant.

William A. Yoder, State's Attorney, Bloomington (Norbert J. Goetten, Robert J. Biderman, and James C. Majors, State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Justice STEIGMANN delivered the opinion of the court:

In July 2004, defendant, Thomas V. Ryburn, filed a petition under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2002)), seeking to set aside his multiple October 1999 guilty pleas. In August 2004, the trial court sua sponte dismissed defendant's petition as frivolous and without merit. Defendant appealed, arguing, in part, that the trial court's sua sponte dismissal of his...

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