People v. Ryburn

              NO. 4-04-0836 Filed 2/7/08
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff-Appellee,
v.
THOMAS V. RYBURN,
Defendant-Appellant.
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Appeal from
Circuit Court of
McLean County
No. 98CF1062
Honorable
G. Michael Prall,
Judge Presiding.
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JUSTICE STEIGMANN delivered the opinion of the court:
In July 2004, defendant, Thomas V. Ryburn, filed a
petition under section 2-1401 of the Code of Civil Procedure (735
ILCS 5/2-1401 (West 2002)), seeking to set aside his multiple
October 1999 guilty pleas. In August 2004, the trial court sua
sponte dismissed defendant's petition as frivolous and without
merit. Defendant appealed, arguing, in part, that the trial
court's sua sponte dismissal of his section 2-1401 petition was
error. Specifically, defendant argued that the trial court did
not have the authority to take that action. This court disagreed
and affirmed with one judge dissenting. People v. Ryburn, 362
Ill. App. 3d 870, 841 N.E.2d 1013 (2005) (Ryburn III).
On September 26, 2007, the Supreme Court of Illinois
denied defendant's petition for leave to appeal but directed this
court to vacate our judgment and to reconsider in light of People
v. Vincent, 226 Ill. 2d 1, 871 N.E.2d 17 (2007). People v.
Ryburn, 225 Ill. 2d 666-67, 873 N.E.2d 932 (2007) (nonprece-dential
supervisory order on denial of petition for leave to