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PEOPLE v. WALLACE

No. 2-08-0898.

938 N.E.2d 573 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Demetris L. WALLACE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 3, 2010.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Jack Hildebrand, Office of the State Appellate Defender, Elgin, for Appellant.

Joseph P. Bruscato, Winnebago County State's Attorney, Rockford, Lawrence M. Bauer, Deputy Director, Elgin, Robert J. Biderman, Linda Susan McClain, Springfield, State's Attorneys Appellate Prosecutor, for Appellee.

Justice BOWMAN delivered the opinion of the court:

Defendant, Demetris L. Wallace, appeals from the dismissal of a petition under section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2008)) in which he attacked his conviction of a drug offense. Defendant filed the petition with the court, but did not serve the State with it by certified or registered mail; the court dismissed it for improper service. We hold that the proper remedy for the...

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