Illinois Appellate Court
Criminal Court
Postconviction Petitions
After completing probation for possession of cannabis, Defendant, a permanent resident alien, learned that his guilty plea and sentence subjected him to deportation. Defendant lacked standing to file postconviction petition, because at time of filing petition he was no longer "imprisoned in the penitentiary" as required by Post-Conviction Hearing Act. The "frivolous or patently without merit" standard for dismissing postconviction petition at first stage of proceedings encompasses the issue of standing. (MURPHY and STEELE, concurring.)