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PEOPLE v. ALCOZER

No. 108109.

948 N.E.2d 70 (2011)

241 Ill.2d 248

The PEOPLE of the State of Illinois, Appellee, v. Isaac ALCOZER, Appellant.

Supreme Court of Illinois.

March 24, 2011.

Attorney(s) appearing for the Case

Michael J. Pelletier , State Appellate Defender, Patricia Unsinn and Alan D. Goldberg , Deputy Defenders, and Kerry D. Goettsch , Assistant Appellate Defender, of the Office of the State Appellate Defender, of Chicago, for appellant.

Lisa Madigan , Attorney General, of Springfield, and Anita Alvarez , State's Attorney, of Chicago ( Alan J. Spellberg , Annette Collins and Brian K. Hodes , Assistant State's Attorneys, of counsel), for the People.

OPINION

Chief Justice KILBRIDE delivered the judgment of the court, with opinion.

At issue in this appeal is the constitutionality of section 22-105 of the Code of Civil Procedure (Code) (735 ILCS 5/22-105 (West 2006)), providing for imposition of fees and costs upon summary dismissal of a postconviction petition summarily dismissed as frivolous or patently without merit pursuant to section 122-2.1 of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122...

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