People v. Escobedo

Following a jury trial, defendant-appellant, Daniel Escobedo, was convicted of murder and sentenced to 40 years in prison. Defendant simultaneously filed both a postconviction petition for relief pursuant to the Post-Conviction Hearing Act (725 ILCS 5/122—1 et seq. (West 2004)) and a petition for relief from judgment pursuant to section 2 —1401 of the Code of Civil Procedure (735 ILCS 5/2—1401 (West 2000)). Treating them as a single, unified petition for postconviction relief, the trial court found the petition frivolous and patently without merit and summarily dismissed it at the first stage…