People v. LaPointe

The defendant, Phillip E. LaPointe, appeals a judgment denying him leave to file his second petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1 et seq. (West 2004)). He contends that (1) because the trial court did not rule on his petition until more than 90 days after it was filed, the judgment must be reversed and the cause remanded for proceedings in accordance with sections 122 — 4 through 122 — 6 of the Act (725 ILCS 5/122 — 4 through 122 — 6 (West 2004)) (see 725 ILCS 5/122 — 2.1(a) (West 2004)); and (2) the trial court erred in refusing to allow him to…