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PEOPLE v. SCULLARK

No. 1-99-1722.

759 N.E.2d 565 (2001)

325 Ill. App.3d 876

259 Ill.Dec. 785

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sherman SCULLARK, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied October 24, 2001.

As Modified Upon Denial of Rehearing October 30, 2001.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Linda Eigner, Assistant Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, Chicago (Renee Goldfarb, Mary L. Boland, Assistant State's Attorney, Chicago, of counsel), for Appellee.

OPINION UPON DENIAL OF REHEARING

Justice GORDON delivered the opinion of the court:

NATURE OF THE CASE

This appeal is from a summary dismissal of defendant (hereinafter "petitioner") Sherman Scullark's pro se post-conviction petition pursuant to section 122-2.1(a)(2) of the Post-Conviction Hearing Act (725 ILCS 5/122-2.1(a)(2))(West 1998) on the grounds that it was time barred and therefore did not require that the merits be addressed.<...

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