People v. Brothers

PRESIDING JUSTICE UNVERZAGT

delivered the opinion of the court:

Defendant, John Brothers, appeals from an order of the trial court which dismissed his petition for relief pursuant to the Post-Conviction Hearing Act (Act) (Ill. Rev. Stat. 1987, ch. 38, par. 122 — 1 et seq.). On appeal, defendant contends that (1) the trial court’s dismissal of his petition without first appointing counsel violated his due process rights and the doctrine of separation of powers, and (2) the trial court improperly entertained the State’s motion to dismiss his petition prior to determining whether the petition was…