People v. Burns

In May 2006, pursuant to an agreement with the State, the defendant, Derrick Burns, pleaded guilty to armed robbery (720 ILCS 5/18 — 2(a)(2) (West 2004)) and home invasion (720 ILCS 5/12 — 11(a)(3) (West 2004)). In exchange for his plea, the defendant was sentenced to concurrent 21-year prison terms and other charges were nol-prossed. The defendant did not move to withdraw his plea and did not appeal from his convictions. However, the following July, the defendant filed a pro se petition ostensibly seeking relief pursuant to both section 2 — 1401 of the Code of Civil Procedure (735 ILCS 5/2 —…