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PEOPLE v. CARABALLO

No. 3-97-0380.

710 N.E.2d 560 (1999)

304 Ill. App.3d 288

237 Ill.Dec. 930

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Bobbie CARABALLO (a/k/a Barbara Caraballe and Barbara Cockrell), Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied May 25, 1999.

Attorney(s) appearing for the Case

Dennis Doherty, Chicago, for Bobbie Caraballe.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Joseph Birkett, DuPage County State's Attorney, Wheaton, for the People.

Presiding Justice HOLDRIDGE delivered the opinion of the court:

We must determine whether we have jurisdiction to consider the defendant's appeal of the trial court's first-stage dismissal of her post-conviction petition as frivolous and patently without merit. The People contend that the appeal must be dismissed because the defendant filed her post-conviction petition in the trial court after the expiration of the limitation period established by section 122-1(c...

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