Appellate Court of Illinois

Following a conviction for possession of a controlled substance with intent to deliver, assessment of $90 in costs and fees pursuant to section 22-105 of the Code of Civil Procedure upon dismissal of defendant's successive post-conviction petition as frivolous is affirmed over claims that: 1) there is no filing fee for post-conviction petitions authorized by statute; and 2) assessment of costs and fees pursuant to section 22-105 violates equal protection and due process. The clerk of the circuit court is ordered to correct defendant's mittimus to reflect a total credit of 353 days- time considered served, time actually served.

Appellate Information

• Decided 10/12/2007
• Published 10/19/2007

Judges

Court

• Appellate Court of Illinois

Counsel