Opinion
No. 1-13-1964
12-19-2014
THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOYCE McGEE, Defendant-Appellant.
Appeal from the Circuit Court of Cook County.
No. 06 CR 1766
The Honorable John Joseph Hynes, Judge Presiding.
JUSTICE REYES delivered the judgment of the court.
Presiding Justice Palmer and Justice McBride concurred in the judgment.
SUMMARY ORDER
¶ 1 Defendant Joyce McGee appeals from the trial court's summary dismissal of her petition for relief under the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 2012)).
¶ 2 Following a bench trial in 2009, defendant was convicted of first degree murder and sentenced to 40 years in prison. We affirmed defendant's conviction and sentence on direct appeal. People v. McGee, 2011 IL App (1st) 100198-U. In 2013, defendant filed the postconviction petition at issue in the instant case. The trial court summarily dismissed the petition. Defendant appeals.
¶ 3 The State Appellate Defender, who was appointed to represent defendant on appeal, has filed a motion in this court requesting leave to withdraw based on her conclusion that an appeal in this cause would be frivolous. The motion was made pursuant to Pennsylvania v. Finley, 481 U.S. 551 (1987), and is supported by a memorandum. Copies of the motion and memorandum were sent to defendant and she was advised that she might submit any points in support of her appeal. Defendant has filed a response.
¶ 4 We have carefully examined the record in this case, counsel's memorandum, and defendant's response, and have found no issues of arguable merit to be raised in an appeal. We therefore grant the motion of the State Appellate Defender for leave to withdraw as counsel and affirm the judgment of the circuit court of Cook County.
¶ 5 This order is entered in accordance with Supreme Court Rule 23(c)(2), (4) (eff. July 1, 2011).
¶ 6 Affirmed.