People v. Laugharn

In August 2004, defendant, Mildred L. Laugharn, filed a petition under section 2 — 1401 of the Code of Civil Procedure (735 ILCS 5/2— 1401 (West 2004)), seeking to set aside her November 1996 first-degree-murder conviction (720 ILCS 5/9 — 1(a)(1) (West 1996)). In September 2004, the trial court sua sponte dismissed defendant’s petition as untimely filed.

Defendant appealed, arguing only that the trial court’s sua sponte dismissal of her section 2 — 1401 petition was error. Specifically, she contended that the trial court lacked authority to take that action. This court disagreed and affirmed.…