People v. Deloney

This appeal is before us again because of a supervisory order of the Illinois Supreme Court entered on December 31, 2002, directing this court to vacate and reconsider its previous order in this appeal, People v. Deloney, Nos. 1 — 98—1413, 1 — 00—1914 cons. (July 26, 2002) (unpublished order under Supreme Court Rule 23), in light of the supreme court’s recent holding in People v. Boclair, 202 Ill. 2d 89 (2002), which provides that the trial court may not summarily dismiss a postconviction petition solely on the basis of its untimeliness.

The underlying facts of this case have been set forth…