People v. Dixon

First-stage dismissal of Defendant's post-conviction petition was proper. In polling jury after verdict, Clerk called out alternate juror's name and asked a portion of polling question, and alternate juror then responded in the affirmative. Facts were insufficient to establish inference that alternate had actually deliberated or that Defendant was deprived of right to fair trial. Defendant's assertion that an alternate juror participated in jury deliberations was rebutted by the four verdict forms bearing signatures of the 12 jurors. No ineffective assistance of counsel shown, as Defendant did not show that he was prejudiced by counsel failing to exercise perempory challenge as to juror who was named jury foreperson.(CAHILL and McBRIDE, concurring.)