People v. Smith

              Sixth Division
June 20, 2008
No. 1-06-3384
THE PEOPLE OF THE STATE OF ILLINOIS
Plaintiff-Appellee,
v.
SIRENA SMITH,
Defendant-Appellant.
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Appeal from the Circuit Court
of Cook County
97 CR 18943
Honorable
Dennis J. Porter,
Judge Presiding
PRESIDING JUSTICE McBRIDE delivered the opinion of the court:
Defendant Sirena Smith appeals the trial court’s dismissal of her successive
postconviction petition, arguing that (1) the trial court erred in summarily dismissing her
postconviction petition; (2) the prosecutor’s input at the first stage of defendant’s postconviction
proceedings was error; (3) the trial court erred in assessing defendant a $90 filing fee and a $50
State’s Attorney fee; and (4) the trial court’s assessment of fees and costs violates defendant’s
constitutional rights of equal protection and due process.
In March 2001, defendant, through her attorney, participated in a Supreme Court Rule
402 (177 Ill. 2d R. 402) conference with the State and the trial court. After the conference,
defendant entered into a plea of guilty to one count of felony murder in the June 1997 death of
Debbie Happ in exchange for a sentence of 48 years’ imprisonment. The trial court questioned
defendant about her decision to plead guilty. Specifically, the court discussed the rights
defendant would be giving up and circumstances of her case. The court advised the defendant of
the charge of murder and asked her if she understood the charge against her, which defendant