People v. Mason

This appeal arises from the summary dismissal of a pro se petition for post-conviction relief filed by the defendant, Marva Mason, a/k/a Linda Wells, and the denial of her request for the appointment of counsel. The defendant on appeal challenges the constitutionality of section 122 — 2.1 of the Post-Conviction Hearing Act (Act) (Ill. Rev. Stat. 1985, ch. 38, par. 122 — 2.1) which allows for the dismissal of post-conviction petitions which are deemed to be “frivolous” or “patently without merit” prior to the appointment of counsel. (See Ill. Rev. Stat. 1985, ch. 38, par. 122 — 4.) The…