People v. Rutkowski

Defendant, Piotr Rutkowski, appeals from the dismissal of his pro se post-conviction petition by the circuit court of Du Page County. We have jurisdiction pursuant to section 122—7 of the Post-Conviction Hearing Act (Act) (Ill. Rev. Stat. 1989, ch. 38, par. 122—7) and Supreme Court Rule 651 (134 Ill. 2d R. 651). The sole issue on appeal is whether the trial court erred by considering the State’s motion to strike the post-conviction petition during the 30-day period in which the court is to determine, without input from the parties, whether the petition has merit. We reverse and remand.

Defendan…