Can Petition to Reduce Sentence Without Supporting Documentation Satisfy the Law Requirements ?
In People v. Collins, 202 Ill. 2d 59, 782 N.E.2d 195, 270 Ill. Dec. 1 (2002), the defendant filed a pro se postconviction petition, challenging his conviction of possession of a controlled substance with intent to deliver.
He alleged in his petition that his trial counsel failed to help him file an appeal and seek reduction of his sentence.
The defendant attached to his petition a sworn verification, but he did not attach any other supporting documentation.
The trial court dismissed the petition as frivolous and patently without merit, and the defendant appealed.
On appeal, the supreme court affirmed, finding that the defendant's sworn verification stating that his petition was true and correct to the best of his recollection did not satisfy the requirement of section 122-2 of the Act. the supreme court held that the defendant's failure to comply with section 122-2 justified the summary dismissal of the defendant's petition. Collins, 202 Ill. 2d at 66.