People v. Stewart

PRESIDING JUSTICE BURKE

delivered the opinion of the court:

Defendant Charles Stewart appeals from an order of the circuit court dismissing, without an evidentiary hearing, his pro se petition for postconviction relief filed pursuant to the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1 et seq. (West 1998)). On appeal, defendant contends that the trial court erred in summarily dismissing his postconviction petition as untimely, that his extended-term sentence violates Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), and that Public Act 83 — 942 (Pub. Act…