(Court opinion corrected 3/25/16.) Court struck Defendant's postconviction petitions on basis that they violated Defendant's promise, as part of his plea agreement, not to collaterally attack his convictions. Defendant's waiver of his right to file collateral petitions was knowing, voluntary, and intentional; at hearing before plea agreement was final, Defendant acknowledged that proposed agreement would prohibit him from raising any issue in postconviction litigation. No specific admonishments were required, and court's admonishments sufficiently informed Defendant that he was waiving his right to file any type of collateral petition. Postconviction Act requires court to determine whether a petition is frivolous or patently without merit within 90 days of its docketing. As this did not occur, petition is remanded for second-stage proceedings. Court erred in striking petition, as the ruling was premature. (HUTCHINSON and HUDSON, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions