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PEOPLE v. PEREZ

No. 115927.

18 N.E.3d 41 (2014)

2014 IL 115927

385 Ill. Dec. 41

The PEOPLE of the State of Illinois, Appellant, v. Ivan PEREZ, Appellee.

Supreme Court of Illinois.

September 18, 2014.

Attorney(s) appearing for the Case

Lisa Madigan , Attorney General, of Spiingfield, and Joseph H. McMahon , State's Attorney, of St. Charles ( Carolyn E. Shapiro , Sohcitor General, and Michael M. Click and Garson S. Fischer , Assistant Attorneys General, of Chicago, and Patrick Delfino , Lawrence M. Bauer and Joan M. Kripke , of the Office of the State's Attorneys Appehate Prosecutor, of counsel), for the People.

Michael J. Pelletier , Alan D. Goldberg and Alison L.S. Shah , of the Office of the State Appellate Defender, of Chicago, for appellee.

OPINION

Justice THOMAS delivered the judgment of the court, with opinion.

¶ 1 At issue is whether the circuit court complies with the 90-day requirement of section 122-2.1(a) of the Post-Conviction Hearing Act (725 ILCS 5/122-2.1(a) (West 2012)) when it signs and dates an order of dismissal on the ninetieth day after the petition is filed and docketed, but the order is not filed by the clerk until the ninety...

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