People v. Shelton

Court dismissed Defendant's petition for relief from judgment, which was originally a postconviction petition. Appointed counsel failed to file a Rule 651(c) certificate, and failed to meet the rule's requirements. The fact that counsel filed a section 2-1401 petition, does not ameliorate the lack of certificate or the need for the record to establish compliance with Rule 651(c).  Section 2-1401 petition was not timely filed and did not contain allegations of any exceptions to the 2-year limitations period. Remanded to allow Defendant leave to replead postconviction petition and for further 2nd-stage proceedings, with assistance of appointed counsel. (HUTCHINSON and ZENOFF, concurring.)