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PEOPLE v. CARTER

No. 1-06-0210.

877 N.E.2d 446 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gerald CARTER, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied November 13, 2007.

Attorney(s) appearing for the Case

Office of State Appellate Defender, Chicago (Michael J. Pelletier, Kirstie N. Bowling, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (James E. Fitzgerald, Alan J. Spellberg, and Edward Hunter Olivieri, of counsel), for Appellee.

Justice O'MARA FROSSARD delivered the opinion of the court:

Defendant Gerald Carter challenges the trial court's order assessing $90 in costs and fees pursuant to section 22-105 of the Code of Civil Procedure (735 ILCS 5/22-105 (West 2004)) upon dismissing defendant's successive post-conviction petition as frivolous. On appeal he argues as follows: (1) there is no filing fee for post-conviction petitions authorized by statute; (2) assessment of costs and fees pursuant...

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