People v. Baller

*1009 ¶ 1 Defendant, David F. Baller, appeals from the trial court's order denying his motion for leave to file a successive postconviction petition. On appeal, defendant argues the State erroneously filed an objection to his motion for leave and the court erroneously considered the State's objection in denying defendant leave. We vacate and remand with directions.

¶ 2 FACTS

¶ 3 Defendant entered an open plea of guilty to one charge of aggravated criminal sexual assault ( 720 ILCS 5/12-14(a)(8) (West 2002) ). The trial court admonished defendant that he could receive a potential sentence of 6 to 30…