People v White

Illinois Appellate Court
Criminal Court
Post-Conviction Petition
Citation
Case Number: 
2013 IL App (2d) 120205
Decision Date: 
Thursday, December 26, 2013
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed as modified.
Justice: 
BURKE
Defendant was convicted, after jury trial, of second-degree murder. Defendant filed postconviction petition alleging ineffective assistance of counsel, which court denied as frivolous. Defendant then filed motion to amend his petition, with proposed amended petition attached which expanded on claims of original petition. Court should have considered proposed amended petition as adjunct to motion for leave to amend, rather than a motion to reconsider or motion to file successive petition. (McLAREN and BIRKETT, concurring.)