Docket Nos. 106243, 106273 cons.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellee and Cross-
Appellant, v. RAYMOND BROWN, Appellant and Cross-Appellee.
Opinion filed February 4, 2010.
JUSTICE KILBRIDE delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman and Burke
concurred in the judgment and opinion.
Justice Garman dissented, with opinion, joined by Justices
Thomas and Karmeier.
Petitioner Raymond Brown alleged in a pro se postconviction
petition that his trial counsel was ineffective for failing to request a
fitness hearing. The circuit court of Cook County summarily
dismissed the petition as frivolous and patently without merit. The
circuit court also assessed fees and court costs of $155 under section
22–105 of the Code of Civil Procedure (Code) (735 ILCS 5/22–105
(West 2006)), for filing a frivolous postconviction petition. The
appellate court affirmed the dismissal of the petition but vacated the
circuit court’s imposition of fees and court costs. No. 1–06–3275
(unpublished order under Supreme Court Rule 23).