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PEOPLE v. SIMMS

No. 86200.

736 N.E.2d 1092 (2000)

192 Ill.2d 348

249 Ill.Dec. 654

The PEOPLE of the State of Illinois, Appellee, v. Darryl SIMMS, Appellant.

Supreme Court of Illinois.

August 10, 2000.

Attorney(s) appearing for the Case

Ronald H. Farley, Jr., of Naperville, for appellant.

James E. Ryan, Attorney General, of Springfield (Joel D. Bertocchi, Solicitor General, and William L. Browers and Colleen M. Griffin, Assistant Attorneys General, of Chicago, of counsel), for the People.

Justice FREEMAN delivered the opinion of the court:

On November 14, 1995, defendant, Darryl Simms, filed a post-conviction petition in the circuit court of Du Page County pursuant to the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 1994)). With leave of court, on May 21, 1997, defendant filed an amended petition in which he sought relief pursuant to the Post-Conviction Hearing Act and section 2-1401 of the Code of Civil Procedure (735 ILCS...

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