People v. Floyd

Defendant, Tommy Gordon Floyd, appeals from a judgment of the circuit court of White County which summarily dismissed his pro se post-conviction petition. As grounds for his appeal, defendant contends that the dismissal is void and must be set aside because the circuit court violated section 122 — 2.1 of the Post-Conviction Hearing Act (Ill. Rev. Stat. 1989, ch. 38, par. 122 — 2.1) when it failed to render its dismissal order within 30 days of when defendant mailed his petition to the clerk of the circuit court. For the reasons which follow, we hold that the 30-day statutory period did not,…