People v. Macri, 2011 IL App (2d) 100325

Macri was convicted after a bench trial of first-degree murder, aggravated criminal sexual assault, and unlawful possession of a stolen motor vehicle; death sentence later commuted to life, with concurrent terms.
The Illinois Supreme Court affirmed the convictions and sentences on direct appeal in People v. Macri, 185 Ill. 2d 1 (1998).
Macri filed a pro se postconviction petition on September 18, 1996; while pending, the U.S. Supreme Court denied certiorari.
He voluntarily withdrew the postconviction petition on April 26, 2004; six years later, on February 2, 2010, he moved to reinstate and filed a supplemental petition.
The trial court denied the motion to reinstate; Macri appealed contending the supplemental petition was a new original petition and should have been ruled on within 90 days under the Act.
The appellate court held that a refiled petition filed after withdrawal and beyond the one-year reinstate window is not automatically reinstated as an original petition; discretionary rules apply.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a supplemental petition filed after withdrawal and beyond the one-year period is treated as a new original petition.	Macri argues the supplemental petition should be treated as an original petition and automatically reinstated.	People contends the petition is not automatically reinstated; withdrawal and timing control reinstatement.	Not automatically reinstated; not treated as an original petition.

People v. English, 381 Ill. App. 3d 906 (2008) (interprets §122-5 reinstate/refile; timing governs automatic reinstatement)
People v. Wright, 149 Ill. 2d 36 (1992) (trial court discretion under §122-5 in denying reinstate/refile)