People v. Gale

              FIFTH DIVISION
September 7, 2007
No. 1-06-0038
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Respondent-Appellee, ) Cook County.
)
v. ) No. 01 CR 2848
)
EUDELTRO GALE, ) The Honorable
) Dennis J. Porter,
Petitioner-Appellant. ) Judge Presiding.
PRESIDING JUSTICE FITZGERALD SMITH delivered the opinion of the court:
Defendant Eudeltro Gale (defendant) filed a pro se postconviction petition from judgment,
relating to his conviction for burglary. The trial court summarily dismissed the petition as
frivolous and patently without merit. Defendant appeals, contending that the trial court erred in
summarily dismissing his petition where he presented the gist of a meritorious constitutional claim
focusing on ineffective assistance of trial counsel in relation to counsel's failure to obtain
defendant's mental health records. Defendant also contends on appeal that he should not have
been assessed certain filing fees because they are not mandated by statute and because they violate
his due process and equal protection rights. Defendant asks that we reverse the trial court's
summary dismissal of his pro se postconviction petition, remand the cause for further proceedings
including the appointment of an expert to conduct a fitness examination of him, and vacate the
court's order requiring him to pay costs and fees. For the following reasons, we affirm.