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PEOPLE v. SMITH

No. 1-02-0883;

804 N.E.2d 634 (2004)

345 Ill. App.3d 868

281 Ill.Dec. 669

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ricky SMITH, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

February 2, 2004.

Attorney(s) appearing for the Case

Rita A. Fry, Cook County Public Defender, Chicago (James N. Perlman, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Michele Grimaldi Stein, Miles J. Keleher, of counsel), for Appellee.

Justice O'MALLEY delivered the opinion of the court:

Defendant Ricky Smith appeals from an order of the circuit court summarily dismissing his pro se petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2000)) on the grounds of untimeliness, res judicata and waiver. On appeal, defendant contends the circuit court improperly dismissed his petition as untimely. We affirm based on the trial court's application...

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