People v. Carter

Defendant Gerald Carter challenges the trial court’s order assessing $90 in costs and fees pursuant to section 22 — 105 of the Code of Civil Procedure (735 ILCS 5/22 — 105 (West 2004)) upon dismissing defendant’s successive postconviction petition as frivolous. On appeal he argues as follows: (1) there is no filing fee for postconviction petitions authorized by statute; (2) assessment of costs and fees pursuant to section 22 — 105 (735 ILCS 5/22 — 105 (West 2004)) violates equal protection and due process; and (3) his mittimus should be corrected to reflect seven days’ credit. For the…