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PEOPLE v. PRADO

No. 2-11-0767.

979 N.E.2d 564 (2012)

365 Ill. Dec. 960

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Martin PRADO, Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 2, 2012.

Attorney(s) appearing for the Case

Thomas A. Lilien & Steven E. Wiltgen , State Appellate Defender's Office, Elgin, IL, for appellant.

Joseph H. McMahon , State's Atty., Lawrence M. Bauer and Kristin M. Schwind , State's Attys. Appellate Prosecutor's Office, St. Charles, IL, for the People.

OPINION

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

¶ 1 Defendant, Martin Prado, appeals the trial court's sua sponte dismissal on the merits of his petition for relief from judgment, filed under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2010)). Defendant's petition was not properly served on the State. He contends that, under People v. Nitz, 2012 IL App (2d) 091165, ¶¶ 5-6...

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