People v. Whitney

              No. 2--04--0230 filed:11/7/06
_____________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
_____________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Kane County.
)
Plaintiff-Appellee, ))
v. ) No. 98--CF--29
)
CHARLES E. WHITNEY, ) Honorable
) Donald C. Hudson,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE KAPALA delivered the opinion of the Court:
Defendant, Charles E. Whitney, appeals from the judgment of the circuit court of
Kane County denying his postjudgment petition brought pursuant to section 2--1401 of the
Code of Civil Procedure (Code) (735 ILCS 5/2--1401 (West 2004)). Defendant requests
that we reverse the trial court's judgment and that we remand the cause to the circuit court
for further proceedings on his petition. We affirm.
I. BACKGROUND
In October 1998, defendant pleaded guilty to one count of home invasion (720 ILCS
5/12--11 (West 1996)) and was sentenced to 17 years' imprisonment and 3 years'
mandatory supervised release. On July 1, 2003, defendant filed a pro se petition for
postjudgment relief pursuant to section 2--1401 of the Code. In his petition, defendant
maintained that a conflict between the day-for-day good-conduct credit in section 3--6--3