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PEOPLE v. OCON

No. 1-12-0912.

2014 IL App (1st) 120912

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

Appellate Court of Illinois, First District, Fifth Division.

Filed February 21, 2014.

Attorney(s) appearing for the Case

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

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

Presiding Justice Gordon and Justice Palmer concurred in the judgment and opinion.

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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