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PEOPLE v. MAIDEN

No. 2-12-0016.

2013 IL App (2d) 120016

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JUAN M. MAIDEN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Filed June 18, 2013.

Attorney(s) appearing for the Case

Peter A. Carusona and Santiago A. Durango , both of State Appellate Defender's Office, of Ottawa, for appellant.

Michael G. Nerheim , State's Attorney, of Waukegan ( Lawrence M. Bauer and Sally A. Swiss , both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Presiding Justice Burke and Justice Spence concurred in the judgment and opinion.

OPINION

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

¶ 1 Defendant, Juan M. Maiden, 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 (Code) (735 ILCS 5/2-1401 (West 2010)). He contends that under People v. Prado, 2012 IL App (2d) 110767, the trial court acted prematurely and that we should vacate the dismissal...

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