People v. Escobedo

In People v. Escobedo, 377 Ill. App. 3d 82, 87, 878 N.E.2d 767, 316 Ill. Dec. 45 (2007), the trial court recharacterized the defendant's section 2--1401 petition as a postconviction petition. Conceding that the trial court improperly omitted the Shellstrom admonitions, the State nevertheless argued that the error was harmless. Escobedo, 377 Ill. App. 3d at 88. The reviewing court rejected the State's argument, reiterating, "'the trial court must' provide the pro se litigant with the required admonishments." Escobedo, 377 Ill. App. 3d at 88, quoting Shellstrom, 216 Ill. 2d at 57. The reviewing court further noted that nothing in Shellstrom supported the conclusion that a harmless error analysis applied. Escobedo, 377 Ill. App. 3d at 88.