Illinois Appellate Court
Criminal Court
Postconviction Petitions
When a postconviction petition leads to resentencing, the court should treat a new petition filed after the resentencing as an initial postconviction petition, which the petitioner has a right to file, and which the trial court should dismiss only if the petitioner fails to state the gist of a claim for a deprivation of his constitutional rights.(PIERCE and SIMON, concurring.)