People v. Vasquez

I dissent from the majority’s holding regarding strict application of the 90-day limitation of section 122 — 2.1(a) of the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122—2.1(a) (West 1998)) in the context of an appeal of the dismissal of a petition as untimely. The filing of a notice of appeal deprives a trial court of jurisdiction over substantive matters within the scope of the subject of the appeal. In re A.P., 285 Ill. App. 3d 897, 901 (1997). When the trial court in our case dismissed defendant’s pro se postconviction petition as being untimely and defendant timely appealed that…