People v. Holliday Rule 23 Order filed May 5, 2000 Motion to publish granted June 8, 2000

Defendant appeals from the trial court’s summary dismissal of his two postconviction petitions without an evidentiary hearing within the first 90 days after they were filed. See 725 ILCS 5/122 — 2.1 (West 1998). These cases were consolidated on appeal. At issue is whether defendant was entitled to an evidentiary hearing on either of these petitions. We find that defendant was entitled to an evidentiary hearing on his first postconviction petition. Accordingly, we reverse and remand for an evidentiary hearing.

STANDARD OF REVIEW

On appeal from a summary dismissal of a postconviction petition,…