December 19, 2008
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
v. ) No. 90 CR 29983
SHONGO COLLIER, ) The Honorable
) Thomas R. Sumner,
Defendant-Appellant. ) Judge Presiding.
JUSTICE TOOMIN delivered the opinion of the court:
Defendant, Shongo Collier, appeals from an order of the circuit court of Cook County
denying him leave to file a successive petition for relief under the Post-Conviction Hearing Act
(Act) (725 ILCS 5/122-1 et seq. (West 2006)). Defendant contends that the trial court erred
because: (1) he presented a freestanding claim of actual innocence; and (2) the court improperly
permitted input by the prosecutor during the first stage of the postconviction proceedings.
Defendant also asserts that the court erred in imposing fees and costs pursuant to section 22-105
of the Code of Civil Procedure (Code) (735 ILCS 5/22-105 (West 2006)). He further requests
that the mittimus be corrected to reflect a single conviction for the offense of first degree murder.
For the following reasons, we vacate the order for fees and costs, order the mittimus to be
corrected and affirm the court’s judgment in all other respects.