OPINION
Justice ZENOFF delivered the judgment of the court, with opinion:
¶ 1 Defendant, Herman L. Nitz, Jr., appeals from the trial court's sua sponte dismissal of his petition for relief from judgment under section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2008)). We affirm as modified.
¶ 2 I. BACKGROUND
¶ 3 In November 2008, defendant was convicted of theft (720 ILCS 5/16-1(a) (West 2006...
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