People v. Thompson

Court advanced Defendant's pro se postconviction petition to second stage and appointed counsel, who filed amended petition. Because State filed answer rather than a motion to dismiss, court erred in dismissing petition and should have advanced it to a 3rd-stage evidentiary hearing. Answer did not request that court dismiss amended petition, and did not argue that petition failed to make a substantial showing of a constitutional violation, and thus answer was not a motion to dismiss. (LYTTON and WRIGHT, concurring.)