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People v. Robinson9/24/2003
uently involved a dismissal of a post-conviction petition at the second stage, the supreme court has specifically held that our review of a summary dismissal of a post-conviction petition is also plenary. People v. Coleman, 183 Ill. 2d 366, 387-88 (1998). This court is in as good a position as the trial court to find, as the majority has, that the petition in this case is "defective on its face." Slip op. at 10.
Finally, I disagree with the majority's characterization of our supreme court's holding in People v. Arna, 168 Ill. 2d 107 (1995), and the holding in People v. Simmons, 256 Ill. App. 3d 651 (1993), as being based on "assumptions." When we make such a characterization of another court's holding (especially that of a higher court), we should explain our basis for doing so.
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