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PEOPLE v. DAUER

No. 4-96-0779.

687 N.E.2d 1188 (1997)

293 Ill. App.3d 329

227 Ill.Dec. 706

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth E. DAUER, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

December 8, 1997.

Attorney(s) appearing for the Case

Charles M. Schiedel, Deputy Defender, Office of State Appellate Defender, Sup. Court Unit, Springfield, for Kenneth E. Dauer.

Thomas J. Brown, State's Attorney, Pontiac, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Jeffrey K. Davison, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice GREEN delivered the opinion of the court:

Section 122-2.1(a) of the Post-Conviction Hearing Act (Act) requires a court to which such a petition is directed "[w]ithin 90 days after the filing and docketing of each petition" to "examine such petition and enter an order thereon pursuant to [that] Section." 725 ILCS 5/122-2.1(a) (West 1994). Section 122-2.1(a)(2) of the Act directs that if the court finds the petition is "frivolous or * * * patently without merit...

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