People v. Niffen

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2018 IL App (4th) 150881
Decision Date: 
Wednesday, October 31, 2018
District: 
4th Dist.
Division/County: 
Adams Co.
Holding: 
Reversed and remanded.
Justice: 
CAVANAGH

Defendant entered negotiated guilty pleas to unlawful possession of a methamphetamine precursor and of anhydrous ammonia. In postconviction petition and affidavit, Defendant alleges that he wrote and mailed letter to defense counsel asking him to withdraw his guilty please, but that defense counsel never responded and never moved to withdraw guilty pleas. Defendant's failure to include a copy of his letter was not proper basis to reject his claims. Partial summary dismissal of a postconviction petition is not permitted. (DeARMOND and TURNER, concurring.)