People v. Smith

The State appeals from an order of the circuit court of Du Page County which vacated the conviction of defendant, Michael A. Smith, for driving while under the influence of alcohol (Ill. Rev. Stat. 1987, ch. 95½, par. 11 — 501(a)(2)). Defendant brought his motion to vacate pursuant to section 2 — 1401(a) of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 1401(a)) eight months after his conviction following a guilty plea. The State contends that the trial court erred in granting defendant’s motion on the basis that the motion did not state adequate grounds for…