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PEOPLE v. LILLY

No. 5-95-0758.

687 N.E.2d 1070 (1997)

291 Ill. App.3d 662

227 Ill.Dec. 588

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John W. LILLY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted September 4, 1997.

Opinion Filed September 4, 1997.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Office of the State Appellate Defender, Mt. Vernon, Laura R. Andrews, Granite City, for Defendant-Appellant.

Michael Wepsiec, State's Attorney, Murphysboro, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Debra A. Buchman, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Plaintiff-Appellee.

Rule 23 Order Filed July 8, 1997.

Justice CHAPMAN delivered the opinion of the court:

Defendant seeks to appeal from the dismissal of his petition seeking postconviction relief in the circuit court of Jackson County. The State has objected, contending that the appeal is untimely, given that the petition was dismissed on November 14, 1991, and that Supreme Court Rule 606(c) (134 Ill.2d R. 606(c)) cannot be extended to allow this court to assume jurisdiction...

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