People v. Rodriguez

Defense counsel failed to substantially comply with Rule 651(c), and he failed to provide reasonable level of assistance at second stage postconviction proceedings. Defendant’s fitness to stand trial was a constitutional issue that was strongly considered, should have been fully explored, and possibly should have been raised in amended postconviction petition. Defense counsel never fully explored issue, and never raised issue. Defendant’s fitness at time of trial needed to be reviewed in order for defense counsel to properly prepare amended postconviction petition. (JORGENSEN and HUDSON, concurring.)