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PEOPLE v. WATSON

No. 86059.

719 N.E.2d 719 (1999)

187 Ill.2d 448

241 Ill.Dec. 590

The PEOPLE of the State of Illinois, Appellant, v. Michael WATSON, Appellee.

Supreme Court of Illinois.

September 23, 1999.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, Michael T. James, State's Attorney, Ottawa (Joel D. Bertocchi, Solicitor General, William L. Browers, Stephen F. Potts, Assistant Attorneys General, Chicago, Norbert J. Goetten, John X. Breslin, Gary F. Gnidovec, Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, Sherry Silvern, Assistant Defender, Office of the State Appellate Defender, Ottawa, for Appellee.

Justice HEIPLE delivered the opinion of the court:

Does the filing of an amended post-conviction petition restart the 90-day period in which the circuit court may dismiss a petition as frivolous or patently without merit? The answer is yes.

Defendant was convicted of first degree murder, aggravated criminal sexual assault, and aggravated kidnaping, and was sentenced to natural life plus 65 years in prison. The appellate court affirmed on direct appeal.

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