and her guilty plea hearing i may second two thousand and eleven she seemed confused and she displays i have the tense especially in regards to waiving her appeal rights joy twentieth two thousand and eleven only two and a half months later patton filed a series of pro se pleadings she filed a late notice of appeal alleging that her attorney forced her to take the time and that she had no other choice but to leave she filed a motion to withdraw guilty ple and she included a letter to the trial judge alleging that her attorney coerced her into taking the plea and we'd me appeal otherwise her witnesses what also be charged on april eighteenth two thousand and twelve be challenged if it's not made voluntarily it's a fundamental right as a way to based on advice from an incompetent tourney and the waiver is not made knowingly the real issue in the case is that penn's petition should have been in the second stage because she presented the gist of the claim she alleged the council failed to investigate and was in effect but because she pled guilty she needed to show that her plea was not voluntary this is an advanced concept one then a layperson would not know how to argue precisely she made an allegation allegation in her post conviction petition combined with a hesitancy at  plus the letters and the filings that she filed his own almost immediately after the guilty plea hearing showed that she was trying to express that her plea was not momentary patton is aware of the language and made a totally different argument and the petitioner argued in her post conviction petition here patent did it previously raise these issues in the trial court that her plea was not voluntary they were just in the form of letters and motions to the draw there is a multitude of case law that emphasizes that these petitions are not being written by legal scholars that petitions the first stage she knew based on facts not on law they should be liberally construed taken is true and should merely state the gist of a constitutional claim patent tried to do that here she filed several documents alleging that her attorney was ineffective and that she was forced and coerced to take this plea she also claimed her attorney was in effect there for failing to investigate a second stage attorney would compile these allegations into the proper format a post convention petition alleging that her guilty plea was involuntary expecting patton to know that precise way to frame her argument at the first stage is unrealistic and contrary to the point of a pro se petiti is unfair that judges may look outside of the post convention that issue and to see if the claims are barred by raise you to cut up and judges routinely look outside of the petition to determine whether the claims are rebutted by the record judges should also look outside of the petition to avoid forfeiture of the petitioners constitutional claim particularly when that claim states the jest of a constitutional claim here one glance at the record would whole her intentions are clear she just did not possess the legal training to articulate her entire argument within the post conviction petition itself in conclusion nor pat respectfully request that this honorable court reversed the trial court's order dismissing her prosing post conviction the titian and remand as cause for further proceedings under the post conviction here in that's  interview of weeks and other witnesses and of course we go through the records and point out that weeks was disclosed which was going to testify was to was disclosed necessarily mean that council actually interviewed robert weeks that he can be filed based on what patton told the attorney so and robert weeks says an affidavit that he wasn't interviewed so  was not voluntary and that she's such an advanced argument to make it a post conviction petition especially at such a low threshold we we just can't we don't expect much out of the first stage post conviction petitions and i think that's really that the purpose and the spirit of the first stage was commissioned decision here it's it's just expecting so much more from patton for her to realize or to articulate in the petition that her guilty plea was