People v. Lentz, 4 N.E.3d 565

Christy Lentz was convicted of first-degree murder and sentenced to 50 years; direct appeals were denied.
On August 27, 2012, Lentz filed a timely postconviction petition alleging ineffective assistance of counsel; the clerk’s computerized docket shows the petition filed that day.
The clerk sent a fee letter on August 28 and the fee was paid September 6; a hearing was set by the clerk for January 30, 2013 (with a docket note of January 25, 2013 setting a hearing date).
The trial court first reviewed the petition on January 30, 2013, then placed the matter for status and on March 15, 2013 summarily dismissed the petition as frivolous and patently without merit.
The trial court concluded the 90-day statutory review period under the Post-Conviction Hearing Act began when the petition was ‘‘docketed’’ for hearing (January 30), not on filing; Lentz appealed arguing the dismissal was untimely because docketing occurred on filing (August 27).

Issue	Plaintiff's Argument	Defendant's Argument	Held
When does the 90-day period to enter a first-stage dismissal under 725 ILCS 5/122-2.1(a) begin?	The State: docketing occurred when clerk set a hearing/placed petition on a judge's call (Jan 25/30, 2013).	Lentz: docketing occurred when the clerk entered the petition into the court record on filing (Aug 27, 2012).	Court held docketing occurred on filing (Aug 27, 2012); dismissal more than 90 days later was unauthorized.

People v. Brooks, 221 Ill. 2d 381 (supreme court’s definition of "docketing" and when the 90-day period begins)
People v. Jones, 213 Ill. 2d 498 (describing the Act’s three-stage postconviction process)
People v. Porter, 122 Ill. 2d 64 (court may not enter first-stage dismissal after 90-day period)
Ultsch v. Illinois Municipal Retirement Fund, 226 Ill. 2d 169 (appellate affirmance may be supported on any record-ground)
Gibson v. People, 377 Ill. App. 3d 748 (postconviction petition was "docketed" when filed; reversal of untimely dismissal)