People v. Garvin

Petitioner, Raymond Garvin, appeals the circuit court’s dismissal of his post-conviction petition as meritless contending: (1) he was entitled to a hearing on his petition after the court failed to dismiss it within 30 days of filing and docketing; (2) Supreme Court Rule 651(c) (103 Ill. 2d R. 651(c)) requires appointment of counsel; (3) due process and equal protection of law require appointment of counsel to indigent post-conviction petitioners; (4) section 122 — 2.1 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1985, ch. 38, par. 122 — 2.1) (Code) is unconstitutional due to…