People v. McCoy

Defendant, Richard J. McCoy, appealed from the judgment of the circuit court of Cook County entered upon allowance of the People’s motion to dismiss his amended petition filed pursuant to the Post-Conviction Hearing Act (Ill. Rev. Stat. 1975, ch. 38, par. 122—1 et seq.). In a Rule 23 order the appellate court reversed and remanded the cause to the circuit court “with directions to permit petitioner to plead anew” to the charge upon which he had been previously convicted (54 Ill. App. 3d 1112), and we allowed the People’s petition for leave to appeal.

It is alleged in defendant’s amended…