People v. Stoffel, 239 Ill. 2d 314

Stoffel was convicted of unlawful manufacture of methamphetamine-related substance, conspiracy, and possession with intent; sentences run concurrently.
Direct appeal affirmed weight-based conviction, other offenses vacated under King; unpublished order later described in appellate history.
While direct appeal pending in 2006, Stoffel filed a petition for relief from judgment under 2-1401 challenging inclusion of waste product in weight for sentencing.
Courts and counsel treated the filing variously as a 2-1401 petition and later as a potential postconviction petition; multiple judges involved.
State moved to dismiss as 2-1401; defense sought to supplement as postconviction petition; confusion over petition labeling persisted.
Appellate court reversed the dismissal, holding that trial court’s decision not to recharacterize pro se pleading could be reviewed for error; Illinois Supreme Court modified and affirmed on other grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a trial court’s non-recharacterization of a pro se pleading is reviewable	Stroffel (People) argues it is reviewable under Shellstrom standards.	Stoffel asserts the court erred in not recharacterizing as postconviction petition.	Review not permitted; issue governed by 122-1(d).
Effect of 122-1(d) on recharacterization decision	Shellstrom allows recharacterization; court could treat as postconviction.	No obligation to recharacterize; need not review initial decision.	119-1(d) does not require automatic review; recharacterization review limited.
Whether the petition, once treated as postconviction, could be amended or supplemented	Counsel could amend under Rule 651(c) and continue proceedings.	Petition remained a 2-1401 petition; supplements inappropriate.	Where treated as postconviction petition, amendments permitted; error in final order repaired.
Merits of defendant’s sentencing challenge regarding waste product as weight	McCarty controls; waste by-product counts toward weight for 401(a)(6.5)(C).	Weight should exclude waste products; penalty unconstitutional.	McCarty controls; waste product included; petition denied on merits.
Remand or standalone disposition following recharacterization	Remand for merits consideration appropriate.	Should not remand; court should decide merits or dismiss.	Affirm appellate ruling as modified; circuit court to amend and deny merits.

People v. Shellstrom, 216 Ill.2d 45 (2005) (recharacterization permissible but not mandatory; informs first-stage review)
People v. Pearson, 216 Ill.2d 58 (2005) (admonitions and procedure in Shellstrom context)
People v. Swamynathan, 236 Ill.2d 103 (2010) ( Shellstrom admonitions required before recharacterization; time limits)
People v. Vincent, 226 Ill.2d 1 (2007) (initial disposition framework; 2-1401 vs postconviction distinctions)
People v. McCarty, 223 Ill.2d 109 (2006) (by-product weight includes waste; constitutional challenges rejected)
People v. Rivera, 198 Ill.2d 364 (2002) (amendment of petitions post-nonfrivolous claims; counsel permitted)
People v. Gaultney, 174 Ill.2d 410 (1996) (Gaultney initial stage review principles)