People v. Bolanos

Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Citation
Case Number: 
2022 IL App (1st) 200790
Decision Date: 
Tuesday, August 2, 2022
District: 
1st Dist.
Division/County: 
2d Div./Cook Co.
Holding: 
Reversed and remanded.
Justice: 
LAVIN

Defendant pled guilty but mentally ill to the first-degree murder of her five-month-old son. She then filed a motion under the Post-Conviction Hearing Act arguing that she was unfit to plead guilty. The trial court summarily dismissed the petition and defendant appealed arguing her petition stated the gist of a constitutional claim. The appellate court affirmed, finding that while additional details were required there was sufficient evidence in the record to determine that there was a bona fide question as to defendant’s fitness when she entered a guilty plea. (FITZGERALD SMITH and COBBS, concurring)