Illinois Appellate Court
Criminal Court
Post-Conviction Petition
Defendant was convicted of aggravated criminal sexual assault, and filed 252-page postconviction petition. Court orally summarily dismissed petition, as frivolous and patently without merit, within 90 days of its filing, but did not enter written order of dismissal until after 90-day period following filing. When a trial court indicates that a written order dismissing a petition will be entered, the date that the written order is filed constitutes the date of the dismissal. Summary dismissal of postconviction must be made within 90 days of filing, or it must be advanced to second-stage proceedings. (ZENOFF and SCHOSTOK, concurring.)