Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
(Modified upon denial of rehearing.) Defendant was in custody at time he filed pro se postconviction petition, but was subsequently released. A defendant who timely files a postconviction petition while in custody is eligible for relief under the Post-Conviction Hearing Act, regardless of whether he is released from custody in the intervening time. Pro se petition did not state a legally sufficient claim and thus required amendment by counsel so that such a claim could be formed. Defendant received unreasonable assistance of postconviction counsel, as neither of them filed an amended petition. (LYTTON and O'BRIEN, concurring.)