People v. Saterfield

(Court opinion corrected 6/22/15.) Court properly dismissed, sua sponte, Defendant’s pro se petition for postjudgment relief, finding it frivolous and patently without merit. Petition alleged that truth-in-sentencing statute is unconstitutional. Statute was amended and constitutional infirmity was corrective, and thus act is no longer unconstitutional as applied to offenses committed after June 1998. Defendant’s offenses were committed in August 1999. Time for State to respond to petition was not short-circuited. State received petition prior to date it was file-stamped, State had actual notice, and chose not to object to dismissal thus waiving any objection to improper service. (REYES, concurring; GORDON, dissenting.)