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PEOPLE v. CARTER

No. 1-12-2613.

8 N.E.3d 441 (2014)

2014 IL App (1st) 122613

380 Ill. Dec. 271

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kelvin CARTER, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied April 14, 2014.

Modified Upon Denial of Rehearing April 22, 2014.

Attorney(s) appearing for the Case

Michael J. Pelletier , Alan D. Goldberg , and Jennifer L. Bontrager , State Appellate Defender's Office, Chicago, for appellant.

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

OPINION

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

¶ 1 Defendant appeals from the circuit court's sua sponte dismissal of his petition under section 2-1401 of the Code of Civil Procedure (Civil Code) (735 ILCS 5/2-1401 (West 2012)). He argues that this court must remand the case because the circuit judge's sua sponte dismissal of his petition for relief from judgment on the merits was premature given that the petition...

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