People v. Wilburn

The defendant, DeWayne C. Wilburn, was convicted of aggravated battery with a firearm and armed violence. 720 ILCS 5/12 — 4.2; 33A — 2 (West 1994). The trial court sentenced defendant to 25 years’ imprisonment on each offense, to be served consecutively. Defendant filed an amended postconviction petition, which was dismissed as untimely. Defendant appeals, contending the trial court erred in dismissing his petition. We reverse the trial court’s judgment, vacate defendant’s sentence on his armed violence conviction and remand for resentencing.

FACTS

Defendant was convicted of aggravated battery…