People v. Caliendo

Defendant, James D. Caliendo, appeals the dismissal of his petition filed under section 2 — 1401 of the Code of Civil Procedure (the Code) (735 ILCS 5/2 — 1401 (West 2006)). The trial court summarily dismissed his pleading, citing section 122 — 2.1(a)(2) of the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122 — 2.1(a)(2) (West 2006)). Defendant now contends that the trial court committed reversible error when it recharacterized his section 2 — 1401 petition as a postconviction petition and failed to properly notify him that it intended to do so, warn him of the consequences of the…