November 28, 2007
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
v. ) Nos. 90 CR 11981
) 90 CR 11984
) 90 CR 11987
ROBERT ALLEN, ) Honorable
) James B. Linn,
Defendant-Appellant. ) Judge Presiding.
JUSTICE THEIS delivered the opinion of the court:
Defendant Robert Allen appeals from the dismissal of his petition for relief under section
2-1401 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-1401 (West 2002)). On appeal,
defendant contends that: (1) the trial court treated his petition as a post-conviction petition and
improperly failed to address all of its allegations; (2) alternatively, if the court considered his
pleading as a section 2-1401 petition, the court lacked the statutory authority to “summarily
dismiss” it; and (3) the “summary dismissal” of his section 2-1401 petition was not harmless
where it presented a meritorious issue. For the following reasons, we affirm.
The following facts are relevant to the disposition of this appeal. In trial court case
number 90 CR 11984, defendant was convicted by a jury of attempted first degree murder, armed
robbery, and armed violence for the April 15, 1990 armed robbery of a Trak Auto store (the Trak
Auto robbery). Defendant was sentenced to concurrent terms of 55 years’ imprisonment on each