PEOPLE v. TOWNSEND

No. 2-01-0222.

775 N.E.2d 262 (2002)

333 Ill. App.3d 375

266 Ill.Dec. 700

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James TOWNSEND, Defendant-Appellant.

Appellate Court of Illinois, Second District.

August 21, 2002.


Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, Carol L. Anfinson (Court-appointed), Aurora, for James Townsend.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, Diane L. Campbell, State's Attorneys Appellate Prosecutor, Elgin, for the People.


Justice O'MALLEY delivered the opinion of the court:

Defendant, James Townsend, appeals the summary dismissal of his postconviction petition. The trial court denied defendant's petition at the initial stage of the postconviction proceedings because, among other things, the petition was not filed timely. Defendant argues on appeal that this court should remand the cause so that defendant can allege facts in his petition that establish that his delay in filing the petition...

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