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PEOPLE v. CRUZ

No. 1-99-3215.

755 N.E.2d 90 (2001)

324 Ill. App.3d 927

258 Ill.Dec. 9

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jose CRUZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

August 3, 2001.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender, Michael Fries, Williams & Marcus, Ltd., Chicago, for Appellant.

Renee Goldfarb, Mary L. Boland, Linda Halperin, Office of the State's Attorney, Chicago, for Appellee.

Justice BUCKLEY delivered the opinion of the court:

Defendant Jose Cruz appeals from an order of the circuit court of Cook County summarily dismissing his pro se petition for postconviction relief as untimely filed. Defendant contends that at the summary dismissal stage of postconviction proceedings, the trial court was not permitted to dismiss his petition on the basis of timeliness. He further asserts that he sufficiently demonstrated that his late filing...

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