dissenting:
I would address the ruling of the trial court. We should not allow the State to raise for the first time in this court the issue that defendant failed to obtain leave from the trial court to file a successive postconviction petition. The State gains an advantage by raising these issues for the first time in the reviewing court. “If the State had raised the issue in the trial court, the trial court may have granted leave to file the petition or allowed it to be amended.” DeBerry, 372 Ill. App. 3d at 1061, 868 N.E.2d at 385 (Cook, J., dissenting). Even if the trial court denied leave to amend, raising the issue in the trial court would have saved the trial court time and effort, the purpose of section 122 — 1(f). If the State was dissatisfied with the trial court’s ruling, it could have filed an objection after the ruling was received.