People v. Brown

Chief Justice Fitzgerald and Justices Freeman and Burke concurred in the judgment and opinion.

Justice Garman dissented, with opinion, joined by Justices Thomas and Karmeier.

OPINION

Petitioner Raymond Brown alleged in a pro se post-conviction petition that his trial counsel was ineffective for failing to request a fitness hearing. The circuit court of Cook County summarily dismissed the petition as frivolous and patently without merit. The circuit court also assessed fees and court costs of $155 under section 22 — 105 of the Code of Civil Procedure (Code) (735 ILCS 5/22 — 105 (West 2006)), for…