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PEOPLE v. WHITFORD

No. 5-98-0250.

732 N.E.2d 649 (2000)

314 Ill. App.3d 335

247 Ill.Dec. 594

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Larry WHITFORD, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

June 22, 2000.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Paige Clark Strawn, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellant.

William Haine, State's Attorney, Edwardsville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Rebecca Sanders, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice HOPKINS delivered the opinion of the court:

Larry Whitford (defendant) appeals from the trial court's summary dismissal of his postconviction petition pursuant to section 122-2.1(a)(2) of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-2.1(a)(2) (West 1998)). Within the initial-review period, the trial court dismissed the petition as untimely without making any determination as to the merit of the petition. On appeal, defendant argues that the trial...

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