People v. O'TOOLE

Defendant appeals the denial of his petition for relief under the Post-Conviction Hearing Act (Act) (Ill. Rev. Stat. 1987, ch. 38, par. 122 — 1 et seq.) alleging his guilty plea was neither voluntary nor intelligent.

The State argues defendant’s appeal should be dismissed since the trial court denied his post-conviction petition on December 11, 1987, and the notice of appeal was filed on January 12, 1988, more than 30 days later, citing People v. Williams (1980), 82 Ill. App. 3d 681, 402 N.E.2d 440. Rule 651(b) (107 Ill. 2d R. 651(b)) provides that the clerk of the trial court shall maE or…