People v. Ryburn

In July 2004, defendant, Thomas V. Ryburn, filed a petition under section 2 — 1401 of the Code of Civil Procedure (735 ILCS 5/2 — 1401 (West 2002)), seeking to set aside his multiple October 1999 guilty pleas. In August 2004, the trial court sua sponte dismissed defendant’s petition as frivolous and without merit. Defendant appealed, arguing, in part, that the trial court’s sua sponte dismissal of his section 2 — 1401 petition was error. Specifically, defendant argued that the trial court did not have the authority to take that action. This court disagreed and affirmed with one judge…