People v. Downin

Defendant appeals from the dismissal of his postconviction petition without an evidentiary hearing. Defendant argues that the trial court erred in dismissing the petition because it stated grounds for relief under the Illinois Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1 et seq. (West 2002)). We affirm.

FACTS

Following a bench trial, defendant was found guilty of three counts of aggravated criminal sexual abuse (720 ILCS 5/12 — 16(d) (West 2002)). On July 24, 2003, defendant was sentenced to a 60-day term of incarceration and a 30-month term of probation. We affirmed defendant’s…