People v. Moore

The State appealed from the trial court’s decision to grant defendant’s petition at the second stage of proceedings under the Post-Conviction Hearing Act and to allow defendant to file a late notice of appeal based on the finding that trial counsel performed deficiently when counsel failed to file a notice of appeal after defendant was convicted and sentenced. The appellate court vacated the order and remanded for a third-stage evidentiary hearing on the basis that the supreme court has “unequivocally” stated that if a post-conviction petition is not dismissed at the second stage, it advances to the third stage. (McBRIDE and BURKE, concurring)