People v. Longbrake

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (4th) 120665
Decision Date: 
October 11, 2013
District: 
4th Dist
Division/County: 
Adams Co.
Justice: 
STEIGMANN
Holding: 
Reversed and remanded with directions.
In first stage of review, court must examine petition within 90 days of its filing and either enter order dismissing it as frivolous or patently without merit, or docket it for further consideration at second stage. Where Defendant's appeal was pending, absence of record does not matter in acting on postconviction petition, as 90-day time limit is absolute.(APPLETON and KNECHT, concurring.)