PEOPLE v. COLLINS

No. 90679.

782 N.E.2d 195 (2002)

202 Ill.2d 59

270 Ill.Dec. 1

The PEOPLE of the State of Illinois, Appellant, v. London COLLINS, Appellee.

Supreme Court of Illinois.

Dissenting Opinion Upon Denial of Rehearing August 29, 2002.


Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (William L. Browers, Assistant Attorney General, Chicago, Renee Goldfarb, Kenneth T. McCurry, Michele Grimaldi Stein, Assistant State's Attorneys, of counsel), for the People.

Michael J. Pelletier, Deputy Defender, Lori L. Mosby, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for appellee.


Justice THOMAS delivered the opinion of the court:

The issue presented is whether the circuit court properly dismissed defendant's pro se post-conviction petition as frivolous and patently without merit. See 725 ILCS 5/122-2.1(a)(2) (West 2000). We hold that dismissal was proper.

BACKGROUND

On August 20, 1998, as part of a negotiated plea agreement, defendant pleaded guilty to one count of possessing a controlled substance with the intent...

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