People v. Avitia

Defendant, Amoldo Avitia, appeals from an order of the circuit court of Du Page County dismissing his amended petition for post-conviction relief without an evidentiary hearing. We affirm.

Following a jury trial, defendant was convicted of possession of cocaine with intent to deliver and sentenced to 20 years’ imprisonment. Defendant appealed alleging, among other things, that his sentence was excessive. This court affirmed defendant’s conviction in People v. Avitia (1981), 98 Ill. App. 3d 1204 (unpublished Rule 23 order). In our disposition, we noted that defendant had failed to include a…