Illinois Appellate Court
Criminal Court
Postconviction Petitions
Defendant filed postconviction petition after his conviction for first-degree murder was affirmed on direct appeal. Court erred in dismissing petition at second stage. Postconviction counsel's failure to make routine amendment to postconviction petition to allege ineffective assistance of counsel prevented circuit court from considering merits of Defendant's claim's. This failure contributed directly to dismissal of petition without evidentiary hearing, and rebutted presumption of reasonable assistance created by filing of certificate of compliance with Rule 651(c). (LYTTON and McDADE, concurring.)