People v. Perez

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (2d) 110306
Decision Date: 
March 19, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Justice: 
HUTCHINSON
Holding: 
Reversed and remanded.
Trial court's judgment dismissing first-stage postconviction petition is void as untimely, if not rendered within 90 days. Even though order of dismissal was signed and dated on February 7, it was not date-stamped by circuit clerk until February 8. Public expression of trial court's action occurred, thus satisfying elements of effective court action, on February 8, when order was filed with circuit clerk, as record contains no explanation or commentary to support a public express of court's action on February 7. (McLAREN, concurring; HUDSON, dissenting.)