People v. Robinson

I dissent. As the majority point out, in dismissing the defendant’s postconviction petition at the first stage, the trial court found that the petition did not have supporting affidavits and its assertions were conclusory. The majority agree with this conclusion and cite People v. Collins, 202 Ill. 2d 59, 66 (2002), for its holding that the failure to attach the necessary “affidavits, records or other evidence,” as is required by section 122 — 2 of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 2 (West 2000)), justifies the summary dismissal of the petition. The majority state: “[W]e…