People v. Montes

Modesto Montes, the appellant, was convicted of a felony and was sentenced to five years’ probation. No probation revocation proceeding has been instituted against him. Montes filed a petition for post-conviction relief under the Post-Conviction Hearing Act. (Ill. Rev. Stat. 1977, ch. 38, par. 122 — 1.) The trial court granted the State’s motion to dismiss the petition on the ground that Montes was not imprisoned in the penitentiary as required under the Act. The Post-Conviction Hearing Act provides in part:

“Any person imprisoned in the penitentiary who asserts that in the proceedings which…