People v. Sims

PRESIDING JUSTICE McBRIDE

delivered the opinion of the court:

Defendant Maurice Sims appeals from an order of the circuit court of Cook County granting the State’s motion to dismiss his petition for relief pursuant to section 2 — 1401 of the Code of Civil Procedure. 735 ILCS 5/2 — 1401 (West 2004). On appeal, defendant contends that his term of 12 years’ imprisonment for aggravated kidnapping during the commission of an attempted armed robbery is void because the trial court failed to comply with section 5 — 3—1 of the Unified Code of Corrections (Code) (730 ILCS 5/5 — 3—1 (West 2004)).

The…