People v. Perez

Defendant appealed from an order dismissing his post-conviction petition at the second stage of proceedings. Defendant argued, in part, that he received ineffective assistance of post-conviction counsel where his counsel miscalculated the deadline to file a post-conviction petition by one day. The appellate court declined to automatically remand the matter for further second stage proceedings due to counsel’s mistake and instead considered the merits of defendant’s post-conviction claims and, finding that they lacked merit, affirmed his conviction. (HARRIS and STEIGMANN, concurring)