People v. Spivey

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2017 IL App (2d) 140941
Decision Date: 
Wednesday, January 25, 2017
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
McLAREN

Court properly dismissed postconviction petition, seeking relief from convictions of attempted first-degree murder, armed violence, armed robbery, and being an armed habitual criminal. Defendant submitted unnotarized declaration alleging ineffective assistance of counsel. Appointed counsel did not amend Defendant's pro se petition. Defendant failed to comply with Section 122-2 of Post-Conviction Hearing Act, as he failed to provide requisite affidavit or reason, in the petition itself, why he could not do so.(ZENOFF and SCHOSTOK, concurring.)