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PEOPLE v. BOSTIC

No. 85-3262.

173 Ill. App.3d 428 (1988)

527 N.E.2d 1109

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GEORGE BOSTIC, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed September 7, 1988.

Attorney(s) appearing for the Case

Sanford N. Stone, of Chicago (Elyse Krug Miller, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Thomas V. Gainer, Jr., James E. Fitzgerald, and Kevin J. Moore, Assistant State's Attorneys, of counsel), for the People.

Order vacated and cause remanded.

PRESIDING JUSTICE WHITE delivered the opinion of the court:

Defendant George Bostic appeals the summary dismissal of his petition for post-conviction relief. In this appeal, defendant initially contended that the Post-Conviction Hearing Act (Act) (Ill. Rev. Stat. 1985, ch. 38, par. 122-2.1) was unconstitutional because it allows trial courts to dismiss petitions which are "patently without merit" without appointing counsel...

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