People v. Sargent

Petitioner, D’Arthagan Sargent, appeals the summary dismissal of his postconviction petition at the second stage of review. He contends that the employment of the summary dismissal procedure, only authorized during the first stage of review by the Post-Conviction Hearing Act (725 ILCS 5/122 — 2.1(a) (West 2002)), at what was only designated a status hearing violated his due process rights. He further argues that remand is required because his postconviction attorney failed to certify that he consulted with petitioner, reviewed the record, and modified the petition as necessary so as to…