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PEOPLE v. OCON

No. 1-12-0912.

7 N.E.3d 42 (2014)

2014 IL App (1st) 120912

379 Ill. Dec. 616

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Juan OCON, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

February 21, 2014.

Attorney(s) appearing for the Case

Michael J. Pelletier , Alan D. Goldberg , Alison L.S. Shah , State Appellate Defender's Office, Chicago, for appellant.

Anita M. Alvarez , State's Attorney, Chicago ( Alan J. Spellberg , Michele Grimaldi Stein , Iris G. Ferosie , Assistant State's Attorneys, of counsel), for the People.

OPINION

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

¶ 1 Defendant Juan Ocon appeals the trial court's sua sponte dismissal of his 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)). Defendant argues that the case must be remanded because the trial court's dismissal was premature since the State was not properly served with defendant's...

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