Illinois Appellate Court
Criminal Court
Postconviction Petitions
Defendant was convicted, after bench trial, of being an armed habitual criminal and sentenced to 80 months imprisonment. Court erred when it summarily dismissed Defendant's pro se postconviction petition in the first stage because affidavit of Defendant's teenage son is newly discovered evidence, and Defendant's due process rights were not violated as Defendant's term of MSR was imposed by operation of law. (McBRIDE, concurring; PALMER, specially concurring.)