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PEOPLE v. LOPEZ

No. 1-99-1653.

740 N.E.2d 1179 (2000)

317 Ill. App.3d 1047

251 Ill.Dec. 608

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Allen LOPEZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

December 6, 2000.

Attorney(s) appearing for the Case

Rita A. Fry, Public Defender of Cook County, Chicago (Denise R. Avant, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Janet Powers Doyle, Sharese Shields, Alan J. Spellberg and Michele Grimaldi Stein, of counsel), for Appellee.

Justice WOLFSON delivered the opinion of the court:

The other appellate districts are evenly divided on the issue we address in this case: Can a trial court summarily dismiss a post-conviction petition where it finds the defendant failed to allege sufficient facts showing an untimely filing was not due to the defendant's culpable negligence? We join those courts that have held the answer is yes.

Following a jury trial, defendant Allen Lopez was convicted of...

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