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PEOPLE v. WALLACE

No. 2-08-0898.

938 N.E.2d 573 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Demetris L. WALLACE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 3, 2010.

Attorney(s) appearing for the Case

Thomas A. Lilien , Deputy Defender, Jack Hildebrand , Office of the State Appellate Defender, Elgin, for Appellant.

Joseph P. Bruscato , Winnebago County State's Attorney, Rockford, Lawrence M. Bauer , Deputy Director, Elgin, Robert J. Biderman , Linda Susan McClain , Springfield, State's Attorneys Appellate Prosecutor, for Appellee.

Justice BOWMAN delivered the opinion of the court:

Defendant, Demetris L. Wallace, appeals from the dismissal of a petition under section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2008)) in which he attacked his conviction of a drug offense. Defendant filed the petition with the court, but did not serve the State with it by certified or registered mail; the court dismissed it for improper service. We hold that the proper remedy for the...

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