Opinion
No. 105317.
Filed June 29, 2007.
No. 3-05-0688.
Disposition of Petitions for Leave to Appeal Denied.
In the exercise of this court's supervisory authority, the Appellate
Court, Third District, is directed to vacate its judgment in People v. English, 374 Ill. App. 3d 404 (2007). It appears that the appellate court applied a de novo standard of review, otherwise generally applicable to a review of a dismissal of a postconviction petition. The appellate court is directed to specifically consider whether this is the appropriate standard of review applicable to the circuit court's order of September 26, 2005, denying defendant's motion to reinstate and amend his initial postconviction petition, or whether an abuse of discretion standard is warranted, especially in light of the appellate court's reliance on 725 ILCS 5/122-5 which specifically grants discretion to the circuit court.