People v. Cabrera

The defendant, Pedro Cabrera, appeals from Judge Mary Margaret Brosnahan’s summary dismissal of his pro se petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1 et seq. (West 2006)). The defendant contends his petition states the gist of a meritorious claim for ineffective assistance of appellate counsel based on counsel’s failure to raise a double jeopardy claim on direct appeal. In his petition, the defendant alleged that Judge Leo E. Holt, the trial judge, subjected him to double jeopardy by sua sponte vacating his negotiated guilty plea and setting his case…