People v. Quigley

PRESIDING JUSTICE GROMETER

delivered the opinion of the court:

Defendant, James P. Quigley, appeals the trial court’s summary dismissal of his petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1 et seq. (West 2004)). He argues that we must reverse and remand for further proceedings under the Act because the trial court required his petition to meet a standard higher than that necessary to survive summary dismissal. Assuming that the trial court applied the wrong standard, we determine that we may apply the proper standard in the first instance. Because defendant concedes…