People v. Lighthart

This case presents question as to whether trial court properly dismissed as untimely defendant’s petition for post-conviction relief. Record showed that defendant had filed notice of appeal from trial court’s denial of her motion to withdraw her guilty plea and to vacate her sentence. Appellate Court, in affirming trial court’s dismissal, held that: (1) defendant's filing of instant notice of appeal constituted filing of direct appeal for purposes of section 122-1(c) of Post-Conviction Hearing Act; (2) relevant filing period for defendant=s post-conviction petition expired six months from date she had to file any petition for leave to appeal; and (3) defendant filed instant post-conviction petition three years after date of her conviction, which was beyond said six-month period. In her petition for leave to appeal, defendant argued that her post-conviction petition was timely since she could not have perfected any direct appeal under circumstance of her case.