People v. Brooks

Defendant, Emerson L. Brooks, appeals the Champaign County-circuit court’s November 2005 “denial” of his postconviction petition at the first stage, contending his claim that the trial judge erred by denying his request for a continuance to hire private counsel was (1) not waived and (2) a constitutional issue. We reverse and remand for further proceedings.

I. BACKGROUND

In July 2003, the State charged defendant with possession of a controlled substance (720 ILCS 570/402(c) (West 2002)) and possession of a controlled substance with the intent to deliver (720 ILCS 570/401(c)(2) (West Supp.…