People v. Perez

This case presents question as to whether trial court properly dismissed at first stage of proceedings defendant’s post-conviction petition, where said dismissal order was entered more than 90 days after filing of said petition. Appellate Court, in reversing trial court and remanding matter for second-stage proceedings, found that dismissal was void because it was not rendered within applicable 90-day period for doing so. In its petition for leave to appeal, State argued that dismissal order was timely since it had been signed by trial court on 90th day. Appellate Court, though, found that it was untimely since it had not been file-stamped or docketed by circuit court clerk until 91st day after filing of post-conviction petition. (Dissent filed.)