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PEOPLE v. MILLER

No. 5-11-0201.

981 N.E.2d 528 (2012)

2012 IL App (5th) 110201

367 Ill. Dec. 203

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael MILLER, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Rehearing Denied January 9, 2013.

Attorney(s) appearing for the Case

Michael J. Pelletier , State Appellate Defender, Peter A. Carusona , Deputy Defender, Verlin R. Meinz , Assistant Deputy Defender, Office of the State Appellate Defender, Ottawa, IL, for appellant.

Thomas D. Gibbons , State's Attorney, Edwardsville, IL, Patrick Delfino , Director, Stephen E. Norris , Deputy Director, Patrick D. Daly , Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL, for appellee.

OPINION

Justice WEXSTTEN delivered the judgment of the court, with opinion.

¶ 1 In April 2011, the defendant filed a pro se petition for relief from judgment pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2010)). Eleven days later, the trial court dismissed the petition sua sponte. On appeal, the defendant argues that we should vacate the trial court's judgment and remand for further proceedings. For...

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