People v. Malone

Defendant filed pro se postconviction petition, and State filed motion to dismiss, arguing no issues in petition had merit. Postconviction counsel did not amend petition nor add any affidavits or supporting documents, but filed compliant Rule 651(c) certificate, giving rise to presumption that counsel complied with the rule and provided reasonable assistance. Defendant failed to rebut that presumption. Counsel was not compelled to withdraw when allegations of petition are without merit and frivolous.O'BRIEN and LYTTON, concurring.)