People v. PerezAnnotate this Case
Perez was convicted of first degree murder. The Appellate Court, Second District, affirmed his conviction and sentence in 2009; the Illinois Supreme Court leave to appeal. Perez filed a pro se petition for post-conviction relief. On February 7, 2011, a circuit court judge signed and dated an order dismissing the petition as frivolous and patently without merit. February 7 was the ninetieth day after the petition was filed, 725 ILCS 5/122-2.1(a). The clerk stamped the order filed on February 8. The appellate court reversed and remanded for second stage proceedings, finding that the dismissal was untimely because it was not entered until it was filed by the clerk, which occurred on the ninety-first day after the petition was filed and docketed. The court stated that, for a judgment to be effective, it must be publicly expressed at the situs of the proceeding; the record did not reflect the presence of any party, counsel, or any other court personnel on February 7, 2011, so that the first public expression of the order was on February 8. The Illinois Supreme Court affirmed. Because section 122-2.1(a) specifically requires “entry” of an order, an order that is signed by the judge during the 90-day period, but not file-stamped until the ninety-first day, is not timely for purposes of section 122-2.1(a).