People v. McCoy

Defendant was convicted, after bench trial, of possession with intent to deliver heroin, and sentenced to 11 years. After court denied his posttrial motion to reconsider sentence, Defendant pled guilty to 2 other felony offenses, and he was sentenced to 1 year for each offense, with all sentences running consecutively. Court was justified in "treating" Defendant's pro se petition as a successive petition. Defendant, in trial court and on appeal, undertook to combine the separate drug and traffic proceedings. Court was correct to dismiss Defendant's pro se petition because it was a successive petition and Defendant pled no facts under the cause-and-prejudice test. (HYMAN and WALKER, concurring.)