People v. Malloy

Defendant, Sean Malloy, pled guilty to first degree murder and was sentenced to 60 years’ imprisonment. More than nine years later, defendant filed a petition for collateral relief. The trial court, characterizing the petition as both a petition for relief from judgment (735 ILCS 5/2 — 1401 (West 2004)) and a postconviction petition (725 ILCS 5/122 — 1 (West 2004)), dismissed the petition on its own motion. Defendant appeals that dismissal and argues: (1) that the trial court may not dismiss a petition for relief from judgment, on its own motion, without first providing defendant with notice…