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PEOPLE v. BURRIS

No. 2-99-0265.

734 N.E.2d 161 (2000)

315 Ill. App.3d 615

248 Ill.Dec. 453

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Len BURRIS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

July 31, 2000.

Attorney(s) appearing for the Case

James W. Reilley, Arlington Heights, William Thomas Freeman, Jr., Freeman, Freeman & Associates, P.C., Wheaton, for Len Burris.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Stephen H. DiNolfo, Ottosen, Trevarthen, Britz & Dooley, Ltd., Wheaton, for the People.

Justice COLWELL delivered the opinion of the court:

Defendant, Len Burris, appeals the circuit court's order that dismissed as untimely his postconviction petition. Defendant contends that the petition demonstrates that the late filing was not due to his culpable negligence.

Defendant was convicted following a jury trial of unlawful possession of cannabis with intent to deliver (720 ILCS 550/5(d) (West 1998)) and unlawful production

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