People v. Smith

PRESIDING JUSTICE McBRIDE

delivered the opinion of the court:

Defendant Sirena Smith appeals the trial court’s dismissal of her successive postconviction petition, arguing that (1) the trial court erred in summarily dismissing her postconviction petition; (2) the prosecutor’s input at the first stage of defendant’s postconviction proceedings was error; (3) the trial court erred in assessing defendant a $90 filing fee and a $50 State’s Attorney fee; and (4) the trial court’s assessment of fees and costs violates defendant’s constitutional rights of equal protection and due process.

In March 2001,…