People v. Smith

Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Citation
Case Number: 
2023 IL App (1st) 221496
Decision Date: 
Friday, December 22, 2023
District: 
1st Dist.
Division/County: 
6rh Div./Cook Co.
Holding: 
Reversed and remanded.
Justice: 
C.A. WALKER

Defendant appealed from the summary dismissal of his post-conviction petition at the first stage, arguing that he stated the gist of a constitutional claim that appellate counsel was ineffective for failing to argue on direct appeal that his concurrent sentence of 50 years was excessive. The appellate court agreed and reversed and remanded for second-stage proceedings. (ODEN JOHNSON and HYMAN, concurring)