People v. Harris

I respectfully dissent. My colleagues approach this appeal in terms of the scope of review of the trial judge’s decision not to recharacterize defendant’s petition for relief from judgment. While I agree with Justice Spomer more generally on this point, the core issue of this appeal is the Whitfield issue and the failure to follow People v. Company, 376 Ill. App. 3d 846, 876 N.E.2d 1055 (2007).

As to recharacterization, I disagree with Justice Spomer’s position that if a judge declines to review the terms of possible recharacterization, “that choice is nonreviewable.” 391 Ill. App. 3d at 251…