People v. Kimble

In August 2001, pursuant to a plea agreement, defendant, Gary D. Kimble, pleaded guilty to aggravated battery of a child (720 ILCS 5/12 — 4.3(a) (West 2000)), and the trial court sentenced him to 10 years’ imprisonment. After an October 2001 hearing, the court denied defendant’s motion to withdraw his guilty plea. In March 2003, defendant filed a pro se postconviction petition. In April 2003, the court summarily dismissed defendant’s petition, finding his claim was frivolous and patently without merit.

Defendant appeals, contending the trial court erred in summarily dismissing his…