Illinois Appellate Court
Criminal Court
Postconviction Petitions
Defendant did not have absolute right to withdraw his postconviction petition under Section 2-1009(a) of Code of Civil Procedure. Section 122-5 of Postconviction Hearing Act applies to first-stage dismissals of postconviction petitions. Circuit clerks are without authority to impose fines and fees, as they must be ordered by court at sentencing.(APPLETON and HARRIS, concurring.)