People v. Stephens

Defendant was convicted, after bench trial, of first degree murder and aggravated battery of four-month-old daughter of his girlfriend. Experts' opinions alone, which did not discuss or opine to Defendant's fitness, do not provide arguable basis for finding bona fide doubt of Defendant's fitness. Defendant was not prejudiced by counsel's failure to request fitness hearing. Defendant's appeal to supreme court was a discretionary appeal and not one as of right, and thus Defendant did not have the right to counsel in filing his petition for leave to appeal, and thus appellate counsel could not have been ineffective in failing to preserve all of his claims. (LAMPKIN and HALL, concurring.)