Circuit court erred in concluding that, because Defendant filed postconviction petition 1 day before completing term of mandatory supervised release (MSR), he lacked standing to seek relief under the Post-Conviction Hearing Act. Circuit court was without authority to craft a "last minute" except for standing under the Act. All that is required is that a petitioner must still be serving any sentence imposed, including any period of MSR, at time of initial timely filing of petition. Summary dismissal of postconviction petition is affirmed as claims were frivolous and patently without merit. Defendant's claims were based on the record and were not raised on direct appeal, and Defendant does not allege that appellate counsel was ineffective for failing to raise them. (McLAREN and ZENOFF, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions