People v. Strickland

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
People v. Strickland
Decision Date: 
Friday, December 1, 2017
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Vacated and remanded with directions.
Justice: 
APPLETON

Court dismissed Defendant's 3 pro se motions, which the trial court recharacterized as, collectively, a postconviction petition. Court should have given Defendant admonitions of Illinois Supreme Court's 2005 Shellstrom decision, before recharacterizing the motions. Because Defendant was pro se at the time the court first explicitly recharacterized his motions, the rationale of Shellstrom applies, as Defendant had no attorney to warn him of the looming danger of procedural forfeiture when court did recharacterization. FInes imposed by circuit clerk are void and are ordered vacated.(HOLDER WHITE, concurring; TURNER, concurring in part and dissenting in part.)